1 Page 1 of 10 A. General 1. Purpose The Tucson Fire Department is committed to providing equal opportunity to all applicants for employment and to all employees. All members of this Department shall administer all personnel practices including recruitment, hiring, assignments, promotions, compensation, training, discipline, termination and other privileges of employment in a manner which does not discriminate on the basis of race, color, religion, ancestry, national origin, sex, age, handicap, marital status, or sexual or affectional preference. 2. Reasonable Accommodation The Fire Department shall provide reasonable accommodation for handicapped employees or applicants. The Department shall provide reasonable accommodations for the religious beliefs of employees. Each situation will be handled on a case by case basis. Employees and supervisors shall contact the EEO specialist in any situation involving reasonable accommodation. B. Equal Employment Opportunity Laws 1. Discrimination Prohibited No employee is to discriminate against any applicant for employment or employee in any term, privilege or condition of employment on the basis of protected status. 2. Protected Groups and Protected Status The following are the groups and/or status protected from employment discrimination under the law. a. Race b. Color c. Sex d. National Origin or Ancestry e. Religion f. Age g. Handicap
2 Page 2 of 10 h. Sexual or Affectional Preference i. Marital Status 3. Discrimination Defined Discrimination is the difference in treatment of or impact on any person or persons based upon their protected status. The difference in treatment or impact may be intentional or unintentional. Any unequal treatment based on factors unrelated to the job could be considered discrimination. 4. Prohibited Conduct The following is a list of conduct which is prohibited. This list is in addition to the other prohibitions in the chapter and includes, BUT DOES NOT LIMIT, conduct for which disciplinary action may be taken. a. Recruiting, hiring, assigning, promoting, compensating, training, disciplining or terminating an employee on the basis of their protected status. b. Expressing bias in the workplace, including any behavior that is potentially offensive to any employee on the basis of their protected status. Examples of such expressions of bias include, but are not limited to: 1. Using degrading words, offensive slang labels or names, or profanity describing a person s protected status. 2. Sexually suggestive, obscene or lewd jokes or comments, or jokes or comments about a person s protected status. c. Examples of prohibited sexual harassment in the workplace include, but are not limited to: 1. Sexually suggestive, obscene or lewd comments or invitation. 2. Gender related labels such as honey, sweetie, cutie, boy, girl. 3. Asking for sexual favors and implying there will be economic or employment benefits. 4. Leering, ogling or drawing attention to a person s body.
3 Page 3 of Sexual advances. 6. Introduction into the workplace of visual pornographic or written material which includes but is not limited to: a. Pictorial material depicting nudity and/or sexual conduct. b. Any statement or words describing sexual conduct, sexual organs, or excrement. d. Failure to cooperate in any investigation of an EEO violation. e. Taking any retaliatory action against any employee who has sought redress, filed a report or made an inquiry concerning EEO matters, cooperated in an investigation or otherwise participated in any way with the procedures outlined in this regulation. B. Responsibilities 1. Fire Chief Ultimate responsibility for implementation of these equal employment rules and affirmative action policies is vested in the Fire Chief. The Chief shall ensure that all affirmative action policies and all prohibitions against discrimination are aggressively implemented by ALL levels of management. 2. EEO Specialist The Department s EEO specialist will be responsible for monitoring the Department s affirmative action programs and ensuring Departmental compliance with all relevant Federal and State Laws, City Ordinances and Department policies and rules. The EEO specialist will report to the Fire Chief. Specifically, the responsibilities will include: a. Advising the Fire Chief and supervisors on EEO matters. b. Informing the Fire Chief of affirmative action, progress and problems on a regular basis. c. Maintaining liaison with the City Manager s Office, City Human Resources, Fire Personnel, City Attorney s Office, and employee organizations.
4 Page 4 of 10 d. Tabulating and maintaining work force data, outcomes of selection processes for transfers, promotions and new hires to describe and monitor their affirmative action impact. e. Participating in the development and implementation of training and educational programs for supervisors. f. Investigating, attempting to resolve, and reporting upon internal discrimination complaints through implementation of the Department s Discrimination Complaint Procedure, or by other appropriate means as required. 3. Chief Officers Chief Officers are required to ensure that personnel practices within their organizational entities are in full compliance with all Federal and State laws, City ordinances and Department rules and procedures governing nondiscrimination and affirmative action. Specifically, chief officers are to: a. Ensure that all subordinates who supervise, promote, assign, recruit, interview, train, evaluate or discipline other employees utilize only job related standards in their personnel actions and contribute to the attainment of Department affirmative action goals and EEO principles. b. Personally monitor and evaluate the personnel actions of subordinate supervisors to ensure compliance with EEO laws and affirmative action goals. c. Ensure that the workplace is free of all visual pornographic, sexual or written material. (Reference B.4.c.6). d. When made aware of a potential or current EEO problem or complaint: 1. Take immediate corrective action when necessary. 2. Notify the EEO specialist. If no action has been taken, work with the EEO specialist to determine whether an investigation is necessary. 3. Cooperate with the EEO specialist in any investigation and/or resolution of the problem or complaint. 4. Supervisors
5 Page 5 of 10 Supervisors shall be responsible for encouraging employee support for Departmental affirmative action programs and equal employment by demonstrating commitment to EEO in the following ways: a. Becoming thoroughly familiar with the Department s programs and prohibitions against discrimination. Acquainting subordinate personnel with these guidelines. b. Promoting a positive attitude when discussing these policies with other staff. c. Requiring all subordinate personnel to demonstrate respect for sex, age, racial, cultural, religious and lifestyle differences when working with other employees and the public. d. Counseling employees on their right to file discrimination complaints. e. Taking immediate corrective action when any violations of EEO law are observed or reported. Supervisors shall notify their chain of command in writing of all potential or current EEO violations, so that immediate action can be taken to remedy the situation. f. Ensuring compliance of subordinate personnel to all EEO laws and regulations. 4. Employees It is the responsibility of ALL EMPLOYEES to take any action necessary to ensure compliance with EEO laws. Each employee is responsible for: a. Demonstrated sensitivity to and respect for racial, cultural, sex, religious, and physical differences when working with other employees and the public. b. Compliance with all equal employment laws. c. Notifying his/her chain of command or the Department EEO specialist of any EEO violations which he/she experiences. D. Discrimination Complaint Procedure 1. Purpose
6 Page 6 of 10 To ensure that employees of the Tucson Fire Department have the opportunity to have their complaints of discrimination investigated and resolved within the Department. To establish a procedure to ensure that all complaints of discrimination based on race, color, religion, sex, age, national origin, handicap, ancestry, marital status, and sexual or affectional preference are internally investigated as soon as possible. 2. Policy a. It is the policy of the Tucson Fire Department to maintain and exhibit a stature of non-discrimination in all personnel related matters. b. Any employee may inquire of the Department EEO specialist as to his/her rights under existing Federal, State and Local Civil Rights laws. c. It is the intent of the Department to create an environment through these procedures in which employees who have concerns about discrimination may seek information and advice from the EEO specialist. It is further the intent of the Department to see that the concerns are addressed appropriately. Therefore, initial inquiries by employees with the Department s EEO specialist are to be regarded as confidential if the employee so desires, except as required by law or unless the information is such that a formal investigation and/or disciplinary action is indicated. Such confidentiality in no way diminishes the necessity for the EEO specialist to keep the Fire Chief informed of perceptions or other factors which would be important in making decisions on future Department policies, procedures or practices. 3. Inquiries Any employee may make an inquiry with the EEO specialist to seek information, assistance, or counseling in regard to any perceived discrimination problem. The EEO specialist will provide assistance in the following ways: information on rights and responsibilities under EEO law, indication if a particular complaint appears to be discrimination, counseling on personnel or EEO problems related to the work situation, explanation of options for problem resolution.
7 Page 7 of 10 The EEO specialist will keep a record of all inquiries. This information will be used to identify patterns in complaints and to identify training needs for Department supervisors. 4. Complaints a. Filing Requirements 1. Any employee who believes that he/she has been treated unfairly in any employment practice because of their race, color, religion, sex, age, national origin, ancestry, handicap, marital status, or sexual or affectional preference may file a formal discrimination complaint with the Department s EEO specialist. 2. Any employee who believes that he/she has been discriminated against because he/she has filed a complaint, testified, or assisted in any proceeding, may file a complaint in writing with the Department s EEO specialist. 3. Complaints shall be filed with the EEO specialist either within 15 working days, by those working 8 hour days, or within 21 calendar days, by those working 24-hour shifts, of the alleged infraction. The ONLY exception to the provision is where a complaint is based on a continuing violation, or repetition of the same infraction. If a complaint is based on a continuing violation, the complainant may file a charge at ANY TIME after the alleged discrimination takes place. 4. All complaints shall be written, signed by the complainant, and filed with the Department s EEO specialist. b. Initial Action 1. The EEO specialist shall schedule and conduct a personal interview with the complainant. 2. The EEO specialist shall advise the complainant of the investigative process and what steps will be taken to resolve the complaint. 3. The EEO specialist will attempt to obtain all the fact relating to the complainant s allegation, including obtaining names of principals and witnesses, copies of relevant documents and determining what form of resolution would be acceptable to the complainant.
8 Page 8 of Upon receipt of the initial information provided by the complainant, the EEO specialist will decide if reasonable grounds exist to initiate an investigation of discrimination based on race, color, age, sex, ancestry, religion, national origin, marital status, handicap, or sexual or affectional preference. c. Investigation 1. The EEO specialist shall make every reasonable effort to complete an investigation and make recommendations to resolve the complaint within 20 working days of the date that the complaint was filed. 2. Notification of receipt of a complaint shall be sent within three working days to the following individuals. a. Fire Chief. b. The appropriate Division Assistant Chief c. The City Attorney s Office. Notification shall include the name of the complainant, date filed, a brief description of the alleged violation, and a reminder concerning the prohibition against retaliation. 3. After notifications, the EEO specialist will conduct an investigation of the alleged discrimination. Such investigation may include, but is not limited to, the following: a. Thorough review of all the circumstances under which the alleged discrimination took place. b. Statements from co-workers or witnesses who may have relevant information to the complaint. c. Comparison of treatment of the complainant with treatment of his/her co-workers in a similar situation. d. Collection and review of any records or paperwork (personnel jackets, training records, promotions, discipline, roster, shift schedules, etc.) deemed relevant to the complaint.
9 Page 9 of 10 e. Review and analysis of any Departmental or City policies, procedures, practices or orders which are related to the complaint. f. Interview with the individual(s) accused of engaging in the discriminatory act. 4. After collecting all relevant data conducting interviews, the EEO specialist will write a summary of the investigation. This summary shall include highlights of relevant facts, conclusions, findings related to the complaint, and recommendations for resolution. This summary shall be presented to the Fire Chief and a copy forwarded to the City Attorney s Office for review. 5. The Fire Chief is the ultimate authority within the Department in resolution of complaints through this internal complaint procedure. d. Compliance Procedure 1. Cause Finding a. In the event, following a cause finding, that the Fire Chief accepts the EEO specialist s findings and recommendation, the agreement for action shall be reduced to writing. Copies shall go to the complainant, the Assistant Chief, the Fire Chief, and the City Attorney s Office. A copy shall be kept on file in the Departmental EEO Office. All remedial actions agreed upon shall be implemented within five working days, if possible. The EEO specialist shall be responsible for monitoring compliance with all such agreements. The affected employee is also responsible for notifying the EEO specialist if any part of the compliance agreement is not being implemented. b. In the event, following a cause finding, that the Fire Chief does not agree with either the findings or the proposed remedial action, efforts will be made by the EEO specialist to mediate between the Department and the complainant. If no acceptable resolution can be mediated, the EEO specialist will then ask the city s Division and the City Attorney s Office to review the complaint findings and suggest alternatives. If no acceptable solutions are agreed upon, the
10 Page 10 of 10 complainant will be informed of other possible options available for complaint resolution. 2. No Cause Finding If the EEO specialist finds there is no cause to believe that the allegations were discriminatory, the findings will be put in writing and forwarded to the complainant, the Fire Chief and the City Attorney s Office. The complainant will be advised of options to pursue the complaint further through the City Division, the Arizona Civil Rights Division, or the Equal Employment Opportunity Commission. The complaint will be closed and kept on file in the EEO office.