Policy #07 – Equal Employment Opportunity, Non-discrimination and Harassment

1.0          Policy Statement

1.1.        Non-Discrimination

1.1.1.   The Millville Volunteer Fire Company (“Fire Company”) prohibits discrimination because of race, creed, color, national origin, sex, veteran status, sexual orientation, disability or any other status protected by law.

1.1.2.   The policy of non-discrimination extends to all services provided to either employees, volunteer members or customers of the Fire Company who utilize their services or space.

1.1.3.   Except for bona fide occupational disqualification, vendors, contractors and others doing business with the Fire Company shall not discriminate against any employee or applicant for employment or any other person in performance of work for the Fire Company due to their race, creed, color, national origin, marital status, sex, age, disability or other circumstance protected by federal, state or local law or ordinance

1.2.        Equal Opportunity Employer

1.2.1.   It is the policy of the Fire Company to maintain a work environment free from discrimination based on race, creed, color, national origin, sex, honorably discharged veteran or military status, and sexual orientation with regard to any term or condition of employment, or membership.

1.2.2.   The Fire Company’s goal is to achieve and maintain equal employment and membership opportunities.

1.2.3.   It is the responsibility of all volunteer members and career employees of the Fire Company to conform to the letter and the spirit of all applicable civil rights laws.

1.2.4.   The Fire Company is an Equal Opportunity Employer and membership organization and strives for compliance with Title VII of the Civil Rights Act of 1964, as amended; Age Discrimination in Employment Act of 1967 and the Rehabilitation Act of 1973; and employs without regard to sex, race, color, national origin, religion, age, handicap or status as a disabled or Vietnam era veteran.

1.3.        Anti-Harassment

1.3.1.   It is the policy of the Fire Company to provide its employees and volunteer members with a workplace that is free of harassment of any kind to include harassment based on race, creed, color, national origin, sex, veteran status, sexual orientation, disability or any other status protected by law.

1.3.2.   Regardless of whether the conduct results from maliciousness, thoughtlessness, or misguided horseplay, harassment in the workplace is unacceptable and will not be tolerated.

1.4.        Sexual Harassment

1.4.1.   No employee or member, either male or female shall:

1.4.1.1.       Make unwelcome sexual advances, or other verbal or physical conduct of a sexual nature a condition of employment or membership; or use a worker’s submission to or rejection of such conduct as the basis for or a factor in any employment or membership decision affecting the individual; or create an intimidating, hostile, or offensive work environment by engaging in such conduct.

1.4.1.2.       Be subjected to unsolicited or unwelcome sexual overtures or conduct, verbal, physical, or non-verbal.

1.4.2.   No person shall threaten or insinuate, either explicitly or implicitly, that an employee’s or member’s refusal to submit to sexual advances will adversely affect the employee’s or member’s employment or membership status, evaluation, wages, advancement, assigned duties, shifts, or any other condition of employment or career development.

1.4.3.   Anyone functioning in an official capacity on behalf of the Fire Company are to be advised of this policy to assure them that they are not to endure insulting, degrading, or exploitive sexual treatment 

2.0          Applicability and Scope

2.1.        This policy applies to potential acts of discrimination or harassment of any kind by anyone acting in an official capacity on behalf of the Fire Company.

2.2.        This policy also serves as the Fire Company’s equal opportunity employer statement.

3.0          Responsibility

3.1.        Anyone functioning in an official capacity on behalf of the Fire Company is responsible for complying with this policy.

3.2.        The Millville Volunteer Fire Company Board of Directors shall be responsible for:

3.2.1.   Ensuring that reports of discrimination or harassment are subject to fact-finding and/or investigation as soon as practical.

3.2.2.   Coordinating fact-finding and/or investigative processes with other leadership team members and/or external resources as appropriate.

3.3.        Any officer, supervisor, employee, or member who becomes aware of a behavior that may constitute discrimination or harassment is responsible for reporting the matter to any supervisor, Fire Chief, Fire Company President or a member of the Board of Directors as soon as practical.

4.0          Procedures

4.1.        Any officer, member, or staff operating in an official capacity on behalf of the Fire Company will:

4.1.1.   Be provided and successfully complete training on this policy annually.

4.1.2.   Sign an Anti-Harassment Policy Acknowledgment form as commitment to anti-harassment and non-discrimination.

4.2.        Any violation of this policy should be reported directly to the employee’s supervisor, the career EMS Assistant Chief, the Fire Company President or member of the Board of Directors, or the Fire Chief.

5.0          Reference

5.1.        This section intentionally blank for future use

Anti-Harassment Policy Acknowledgement Form

Discrimination or Harassment will not be tolerated. 

The Millville Volunteer Fire Company (hereinafter sometimes referred to as the “Fire Company”) is committed to providing a workplace that is free of verbal, physical and visual forms of discrimination or unlawful harassment so that everyone can work in a productive, respectful and professional environment. 

What is Discrimination? 

Discrimination is adverse employment or mistreatment of a person in the official performance of one’s duties based on race, creed, color, national origin, sex, age, marital status, honorably discharged veteran or military status, sexual orientation, the presence of any sensory, mental, or physical disability, or other protected status.   Discrimination is strictly prohibited. The Fire Company does not tolerate discrimination, based upon any protected status, by anyone in the workplace, supervisors, co-workers, or non-employees. Employees or volunteer members who violate this policy are subject to corrective action, up to and including possible termination and dismissal.

What is unlawful harassment? 

Unlawful harassment is unwanted and offensive behavior directed towards a person or group based on their race, gender, religion, or other protected characteristics. Unlawful harassment may include, but is not limited to: 

·      Cartoons or other visual displays of objects, pictures or posters that depict such protected groups in a derogatory way; 

·      Verbal conduct, including making or using derogatory comments, epithets, slurs and jokes towards such groups. 

Sexual harassment is one form of unlawful harassment, and is generally defined as unwelcome sexual advances, requests for sexual favors, or other visual, verbal or physical conduct of a sexual nature when: 

·      Submission to such conduct is made either explicitly or implicitly a term or condition of employment or membership; 

·      Submission to or rejection of such conduct affects employment or membership opportunities; or 

·      The conduct interferes with an employee’s  or member’s work or creates an intimidating, hostile or offensive work environment. 

Sexual harassment includes harassment based on another person’s gender or harassment based upon pregnancy, childbirth, or related medical conditions. It also includes harassment of another employee or member of the same gender as the harasser. 

Examples of harassment include, but are not limited to, the following types of behavior: 

·      Unwelcome sexual advances, like requests for dates or propositions for sexual favors; 

·      Excessive, one-sided, romantic attention in the form of requests for dates, love letters, telephone calls, emails or gifts; 

·      Offering or conditioning an employment, or membership benefit, like a raise, a promotion or a special job assignment, in exchange for sexual favors; 

·      Making or threatening reprisals, or changing performance expectations after an employee or member has turned down a sexual advance; 

·      Visual or physical conduct, like leering, making sexual gestures, or displaying sexually suggestive objects, pictures, cartoons, calendars, or posters in the workplace; 

·      Verbal conduct, like making or using derogatory comments, epithets, slurs, teasing and jokes of a sexual nature; 

·      Graphic, verbal or written comments (including emails or other electronic documents) about an individual’s sex life or body; 

·      Sexually degrading words used to describe an individual; 

·      Suggestive or obscene letters, emails, notes or invitations; and 

·      Unwelcome physical contact, including pats, hugs, brushes, touches, shoulder rubs, assaults, or impeding or blocking movements. 

This policy is also violated if an employee or member is fired or dismissed from the Fire Company, denied a job, or denied some other employment or membership benefit because the employee or member refused to grant sexual favors, complained about harassment, or assisted in an investigation of harassment. 

The Fire Company is committed to taking reasonable steps to prevent harassment from occurring and will take immediate and appropriate action when we know that unlawful harassment has occurred. To do this, however, we need the cooperation of all employees and members at all levels. 

What to do if harassment occurs. 

Each employee and volunteer member are responsible for supporting and adhering to this policy. Employees and members should never tolerate inappropriate behavior. They should make their feelings known to the offending employees or members. In many cases, if an employee or member makes his/her feelings known to the offending persons, tells them the conduct is not appropriate, and asks them to stop, this may take care of the situation. However, if any employee or member is not comfortable doing this, then they must promptly report any offending behavior, whether such behavior is directed towards them personally or to other employees or members at the Fire Company. Reports of offending behavior must be made to any, supervisor, Fire Chief, Fire Company President or a member of the Board of Directors.  Employees and members are strongly encouraged to report concerns about discrimination or harassment before behaviors become severe or pervasive.  Supervisors who know or receive reports or complaints of offending behavior must promptly notify the President, a member of the Board of Directors, the career Asst. Chief or the Fire Chief so the appropriate actions may be taken. 

The Fire Company will promptly and thoroughly investigate all claims of harassment. Complaints of discrimination or harassment will be handled with sensitivity, discretion and confidentiality to the extent allowed by the circumstances and the law. Generally, this means that allegations of discrimination or harassment are shared with those who have a need to know so that the Fire Company can conduct an effective investigation.

The complaining employee or member is usually requested to provide as many details as possible, such as the date(s), location(s), name(s) of witnesses, or information about the alleged harasser(s). Persons with relevant information will be interviewed. During the investigation, steps may be taken, when appropriate, to minimize contact between the complaining employee or member and the alleged harasser(s), like schedule changes, temporary leave, usually for the alleged harasser. After the investigation is completed, the Fire Company will share its findings with the complaining employee or member, the alleged harasser, and if appropriate, other employees or members directly concerned with the incident. 

If the Fire Company concludes that unlawful harassment occurred, prompt and effective remedial action will be taken. This may include corrective action of the harasser and other actions to remedy the effects of the harassment and prevent further harassment. No action will be taken against any employee or member who, in good faith, files a complaint of harassment or assists in the investigation of such a complaint. Employees or members who believe they have been retaliated against for having reported harassment or participated in an investigation must promptly notify the President or a member of the Board of Directors so their concerns can be investigated. Appropriate corrective measures will be taken if the allegations of retaliation are substantiated.