Sexual Harassment

[FireCapt]

What is the name of your state? Texas

I am a Captain in a combination paid/volunteer fire department. Over the course of the last couple of weeks we have accepted to young females into our department.

As the commander of our training division, I worked with each recruit and evaluated their performance to be exceptional and a welcomed addition to our department. Since I am the only officer that spends and inordinate amount of time with them, I have gained their confidence and have been made aware of some very disturbing things.

It appears as if sexual harassment has reached an all time high. This is not just normal firehouse banter but very direct questions about sexual orientation, preferences, practices etc. Although there has been no quid pro quo harassment, there has been fallout from unwanted advances by peers.

My question is, what ramifications and damages can the department suffer. My limited legal background would lead me to belive that, by being funded by a taxing district, the district, the department and the Chief could suffer from a sexual harassment complaint as well as the individual who started the problems.

Neither recruit, although both admits to blatant harassment, wants to persue any action toward the officers and firefighters that inflicted the injury. As the figure head that provides instruction to everyone, I want to shut this done with a zero tolerence policy immediately.

Thank you for your responses. I look forward to reading them. Fire Capt

 

[I AM ALWAYS LIABLE]

My response:

Where's your town/city legal department?

That's who you should be talking to about this.

IAAL

 

[Beth3]

Fire Captain, you have very good reason to be concerned. If one or more of these recruits determines they've had enough and files a sexual discrimination complaint with the State or the EEOC, you're in trouble. For one thing, even though nobody has made a formal complaint, you KNOW what is going on and thus are obligated to have done something about the situation and put an end to it.

In these types of situations, an employer has liabilty not only for what they know but for what they SHOULD have known.

I urge you to contact your human resources/personnel office or internal equal opportunity compliance person immediately. You (a) need legal advice, (b) need to arrange for sexual harassment training in the workplace right away, (c) need to make sure that your policies on harassment and discrimination are up to snuff, (d) need to make it clear to everyone that those policies will be uniformly and consistently enforced and (e) need to make sure no members of management are part of the problem. (It does no good for the Captain to be insisting everyone behave appropriately when everyone knows the Chief has a stack of Hustler Magazines in his locker and is propositioning all the new female recruits.)

You are very wise to be concerned about this now while you still have an opportunity to deal with this pro-actively rather than reactively when the only question is how big a check the municipality is going to have to write to settle the SH claim. Good luck.

 

[FireCapt]

That is a difficult situation. You see our Emergency Services District employs our Fire Chief. The president of the ESD happens to be the wife of the Fire Chief. Although he backs my decisions on a zero tolerence policy, the sophistication to understand the potential damages, both financial and reputible, are simply not there. My intent is to present a sexual harassment seminar this evening to the entire department. I have done my research and prepared my class the only thing lacking is that "punch" that delivers the hardcore fact that punitive damages or something of that nature exists. Most of the staff has never been involved in the corporate world and they see they inuendos as simply a joke. Having spent ten years as a paralegal in D.C., I see this a nightmare waiting to happen.

 

[FireCapt]

Thanks Beth. A chuckle amid disaster is always a good remedy. Would you happen to have an idea if financial damages can be rewarded from all parties including the municipality, the department and the head of the department?

 

[Beth3]

Yes, all the "players" can be personally sued along with the employer. That includes those that were doing the harassing, along with all the members of management who had a role to play (or should have) in putting a stop to it when they had the chance.

Perhaps one of the attornies who posts here (IAAL, Home Guru, JETX) can steer you to a web site that includes some of the monetary awards that have been made or give you some case cites. And as you were a paralegal for 10 years, I'm guessing you ought to be able to find that info out as well.

The really big money is in the retalliation awards. Employee brings a harassment complaint (even if only internally) and experiences more harassment for having done so - is fired or demoted on a trumped up allegation, gets assigned the worst job duties, is now subject to further harassment from co-workers for "telling," etc.

I suspect what you're dealing with is the painful transition from one culture to another - from one that was formerly all male to one that is comfortable for both genders. Some of the guys just won't get it and some will dig their heels in and insist "this is the way it is" and if the women want to be here, they need to adapt to us, not visa versa. Some will even view it as their "right" to harass these women as some sort of hazing ritual. But the good news is that you certainly will have some officers and fire fighteres that are gentlemen who you won't have any problems with.

Good luck - it's going to be a long haul, especially with those who resent having women in their formerly all-male "clubhouse."

 

[angelmedicla]

I can relate!

Hey Fire Capt.
I also work in the world of EMS.
this behavior runs rampant in EMS, but.....Not only runs rampant, but is usually condoned, and encouraged.
I have worked in the field of EMS for almost six years. And I can honestly say all the places I have ever worked within this field, I have been sexually harassed.
Only Now have I finally gotten so tired of the humiliation that I am doing something about it.
Check my post for ANGELMEDICLA
This will give you some insight of a very small portion of harassment I have dealt with in EMS.
But to reply to your post? You Must impliment a written policy for your station. Zero tolerance is the way to go.
I have worked for some "zero tolerance" companies?
And they seemed to be just as bad.
Anyway I hope this helps.
Angel