How Does Your Department Handle Sexual Harrasment?

[firecapt32 282]

With a whole lot of newly elected Chiefs and Line officers out there, I was wondering, how depatments would handle or do handle a situation that might arise if a younger woman in your department comes to you with a statement like " I was going into the training area and one of the older members brushed against me in a way that offended me", and then laughed about it to other members of the department

[x635 4,066]

I would think most departments would have to have a Sexual Harrasement policy, isn't that Federal Law now?

[Ex-2114 7]

In NYS, volunteer EMS persons are not covered (due to change) by the New York State Division of Human Rights (NYSDHR) or EEOC. The DOH doesnt follow up on complaints because they dont regulate, they recommend a policy. Only volunteer fire dept is covered by the NYSDHR and EEOC. But a volunteer ems person can file a private lawsuit against their agency if they took care of the situation incorrectly. They also can bring about an action against the person who did the harassing and personally each member of the board of directors

All volunteers, fire and ems, are considered employees of the jurisdiction that they 'represent' when operating in and on-duty capacity. That means that they are required to abide by all policies, etc... set forth by their employer. This is also how volunteer fire and ems workers are covered under NYS Workers Compensation laws.

EEOC, FLSA, and other acronyms are all applicable.

At least this is how it was when I became an Exempt member of my department a few years ago.

[Faded Soul 6]

From what my jaded eyes have seen... some departments- not all seem to have a 'good old boys club' mentality. This mentality will NOT hold up in any court against state and federal law. It doesn't seem to be taken seriously by volunteers who are also held up to the same standards as paid professionals- because they are funded, well the dept is funded by tax payer money. It seems that some will sweep it under the rug, hide/lie/distort the facts and make it all seem like it was handled, than word gets dropped, it slips through...

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" The truth hurts... but it's still the truth!"

" The expedient thing and the right thing are seldom the same thing."

These are the opinions of Faded Soul. No one elses.

[Faded Soul 6]

Awkward silence. I guess the elephant in the corner of the room is named 'Sexual Harassment'. Nice.

[firecapt32 282]

I agree with you faded soul there does seem to be a "good old boys club" in some departments and it will take the courage of someone to change that, I just hope it dosent take a law suit to make some departments realize what it takes to be a fire department in the 21sr century.

[pasobuff 38]

Sexual harassment can be a crime. Can you just go grabbing on people these days trying to get a free feel? Or can you talk nasty to people? No!! To be labeled as "Sexual harassment" it has to be repeated and the harasser must know that its unwelcome. It has to be more than an isolated incident or a joke than happens just once. The best thing to do is keep a journal of events with times, locations and a narrative of the event. Maybe witnesses too. You build up your complaint and file an official complaint or grievance with your board of directors who are to investigate your complaint in a prompt reasonable manner. There are different forms of this harassment.

The statute only says that the term "employer" only deals with the number of employees employed. It doesn’t say what is needed for an employee/employer relationship to exist. NYS courts have decided that a employee/employer relationship will exist if the following are met: selection of the person, payment of wages, control over behavior, power to dismiss. Since there is no payment of wages (weekly or bi weekly) your not an employee, so your not covered. But you can certainly sue......................................in a private court. I

look it all up here. (Executive law; Article 15 HUMAN RIGHTS LAW.)

http://public.leginfo.state.ny.us/menugetf...OMMONQUERY=LAWS

To answer the OP, most VACs and FD's post the policy.

Just listen to this guy!

http://www.youtube.com/watch?v=lPmbL5G8rJY...feature=related

A little clarification on Sexual Harassment (I just had to go through prevention training lately at work)......

NYS Policy on Sexual Harassment (for employees of the State).....

Definitions;

Sexual Harassment is a form of sexual discrimination that voilates Title VII of the Civil Rights Act, NYS Human Rights Law, Executive Order 19 and agency policy. It can consist of words, signs, jokes, pranks, intimidation or physical voilence of a sexual nature. It becomes illegal when it is severe or frequent enough to alter the terms and conditions of an individual's employment. In today's workplace, sexual harassment is the most notorious type of sex discrimination.

Sexual harassment is any unwanted verbal or physical advance, sexually explicit derogatory statement, or sexually discriminatory remark made by someone in the workplace which is offensive or objectionable to the recipient or which causes the recipient discomfort or humiliation or which interferes with teh recipient's job performance.

BTW - you don't have to be the direct recipient to claim sexual harassment...just being a witness to something that offends you etc can be enough.....

[Guest Keith00923]

In the town that i live in we have 3 volunteer fire depts and in one of them we actually had a sexual harassment case against one of the male members of one of the departments. The male offender was arrested and kicked out of the department.