non-discrimination and harassment complaint procedures

Adopted by Spokane Public Library Board of Trustees on April 17, 2012.

1. GENERAL

The Spokane Public Library is committed to a work environment in which all individuals are treated with respect and dignity. Employees, volunteers and library customers have the right to work or to receive services in a professional atmosphere that promotes equal opportunities and prohibits discriminatory practices, including harassment.  Therefore, the Spokane Public Library expects that all relationships among persons in the library will be business-like and free of bias, prejudice and harassment.

This document is divided into the following sections:

SECTION 1 – GENERAL

SECTION 2 – PROHIBITED CONDUCT

SECTION 3 – REPORTING AN INCIDENT OF HARASSMENT, DISCRIMINATION OR RETALIATION

SECTION 4 – RESPONSIVE ACTION

SECTION 5 – RETALIATION NOT ALLOWED

SECTION 6 – CONCLUSION

2. PROHIBITED CONDUCT

2.1 Library policy prohibits harassment or discrimination which can occur when prohibited verbal, visual or physical conduct is directed at individuals because of their race, religion, color, gender, gender identity, sexual orientation, ethnic or national origin, ancestry, uniformed service member status, marital status, family relationship, pregnancy, age, genetic characteristics, physical or mental disability (whether perceived or actual), or any other protected characteristic.  Retaliation against individuals for reporting workplace harassment or discrimination, or for assisting a complainant, or for acting as a witness or advocate on behalf of an employee in an internal or legal proceeding to obtain a remedy is also prohibited.

In order to constitute harassment, discrimination or retaliation, as defined by law, the prohibited verbal, visual or physical conduct must be directed at an individual because of the individual’s protected classification or perceived classification.  Discriminatory or harassing behavior that does not violate the law may violate policy and provide grounds for discipline or other appropriate sanctions no matter what motivates the behavior.  If you are in doubt as to whether any particular conduct may violate Library policy do not engage in the conduct and seek guidance from a supervisor or the Human Resources Manager.

3. REPORTING AN INCIDENT OF HARASSMENT, DISCRIMINATION OR RETALIATION

3.1 The Spokane Public Library encourages reporting of all perceived incidents of discrimination, harassment or retaliation, regardless of the offender’s identity or position. Individuals who believe that they have been the victim of such conduct, or who have witnessed such conduct, should discuss their concerns with their immediate supervisor, their branch or department manager, the Human Resources Manager, or the Library Director.  The Library’s informal and formal complaint procedures are outlined below.

• Informal Procedure

3.2.1    Sometimes an individual is unaware that his/her conduct is offensive.  Therefore, we encourage individuals who believe they are being subjected to harassing conduct to advise the offender that his or her behavior is unwelcome and request that it be discontinued.  Often this action alone will resolve the problem.

3.2.2    There may be instances in which an individual is only comfortable discussing matters with one of the Library’s designated representatives (i.e., a branch or department manager, the Human Resources Manager, or the Library Director), and such discussion is encouraged.  The individual may ask that the discussion be kept confidential, and we will comply with that request to the extent possible given our legal obligation to investigate and remedy discrimination and harassment in the workplace.  The individual reporting harassment, discrimination or retaliation should be informed that the Library may decide it is necessary to take action to address such conduct beyond an informal discussion, and that the information will be discussed with the Human Resources Manager who will determine what level of investigation and response is necessary.  This decision will be discussed with the individual.  The best course of action in any case will depend on many factors and, therefore, the informal procedure will remain flexible.

3.2.3    The informal procedure is not a required first step for the reporting individual.

• Formal Complaint Procedure

3.3.1    An individual who believes Library policy has been violated may provide a written complaint to a supervisor or any management employee who will direct the complaint to the Human Resources Manager.  Individuals are encouraged to use the Complaint Form for this purpose.

We encourage the prompt reporting of complaints or concerns so that rapid and constructive action can be taken before relationships become irreparably strained.  Therefore, while no fixed reporting period has been established, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment.

3.3.2    The Human Resources Manager, in concurrence with the Library Director, may take interim action to diffuse volatile circumstances, such as placing the alleged perpetrator on paid administrative leave or temporarily transferring the alleged perpetrator.  No interim action will be taken to change the complaining individual’s working conditions unless necessary to protect the complainant and maintain efficient Library operations.

3.3.3    Any reported allegations of harassment, discrimination or retaliation will be investigated promptly.  The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge.  All employees are required to participate fully in the investigation, and to answer questions truthfully and completely.

3.3.4    Represented employees who are witnesses may have a union representative present during the interview.  Any represented employee suspected of inappropriate behavior will be informed of their right to a union representative prior to the interview.

3.3.5    Confidentiality will be maintained throughout the investigatory process to the extent possible, consistent with adequate investigation and appropriate corrective action.  Complete confidentiality cannot occur, however, due to the need to investigate, take remedial action, and comply with public disclosure laws.

An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed.  Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate action.

The Library will not disclose a completed investigative report except as it deems necessary to support a disciplinary action, to take remedial actions, to defend itself in adversarial proceedings, or to comply with the law or a court order.

4. RESPONSIVE ACTION

4.1 Misconduct constituting harassment, discrimination or retaliation will be dealt with appropriately. Responsive action may include, for example, training, referral to counseling, withholding of a promotion, reassignment, and/or disciplinary action such as a verbal warning, a written reprimand, temporary suspension without pay, demotion or termination, as the Library believes appropriate under the circumstances. 

4.2 At the conclusion of the investigation, the Human Resources Manager will notify the complainant, in general terms, of the outcome of the investigation.

4.3 If a party to a complaint does not agree with its resolution, that party may grieve the decision through either the Union’s Grievance Procedures or the Library’s Grievance Policy and Procedure for Non-Represented Staff, as appropriate.

5. RETALIATION NOT ALLOWED

5.1 Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of library policy and, like harassment or discrimination itself, will be subject to disciplinary action.  Acts of retaliation should be reported immediately using the above complaint procedure and will be promptly investigated and addressed.

5.2 Examples of actions that might be retaliation against a complainant, witness or other participant in the complaint process include:  1) singling a person out for harsher treatment; 2) lowering a performance rating; 3) failing to hire, failing to promote; 4) withholding pay increases; 5) assigning more onerous work; 6) abolishing a position, demotion or discharge; 7) spreading rumors about a complaint or a complainant; 8) shunning and avoiding an individual who reports harassment or discrimination; or 9) real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination.

Even well-intentioned attempts to insulate or protect a complainant by changing his or her work environment, schedule, duties, or by transferring the complainant to another location may be seen as retaliatory.  Before a supervisor takes such action, the supervisor should contact the Human Resources Manager.

5.3 Any act of retaliation will be treated as a separate and distinct incident, regardless of the outcome of the discrimination or harassment complaint.

6. CONCLUSION

6.1  The Spokane Public Library has developed policies and procedures to ensure that all its employees can work in an environment free from harassment, discrimination and retaliation.  The Library will make every reasonable effort to ensure that all concerned are familiar with these policies and procedures, and aware that any complaint in violation of such policies will be investigated and resolved appropriately.

6.2 Any employee who has questions or concerns about Library policies and procedures should talk with the Manager of Human Resources or their branch or department manager.

6.3 These policies and procedures should not, and may not, be used as a basis for excluding or separating individuals of any protected group from participating in work-related activities or discussions.  In other words, no one should make the mistake of engaging in discrimination or exclusion in order to avoid allegations of harassment.  The law and the policies of the Spokane Public Library prohibit disparate treatment on the basis of any protected characteristic, with regard to terms, conditions, privileges and perquisites of employment.  The prohibitions against harassment, discrimination and retaliation are intended to complement and further those policies, not to form the basis of an exception to them.