Dallas Police Department General Order

431.00 Discrimination and Sexual Harassment

DAVID O. BROWN
CHIEF OF POLICE
Revised 06/19/09

431.00 DISCRIMINATION, INAPPROPRIATE COMMENTS/DISPLAY OF INAPPROPRIATE MATERIAL, AND SEXUAL
HARASSMENT

431.01 Discrimination

A. The Dallas Police Department is committed to ensuring that no person shall knowingly be discriminated against with
regards to recruitment, selection, appointment, training, promotion, retention, discipline or other aspects of
employment because of race, color, national origin, creed, religion, sex, age, physical or mental disability, political
beliefs, organizational affiliation, sexual orientation, or marital status in accordance with federal, state and local
statutes and law.
B. Any complaints of discrimination will be handled in accordance with General Order 401.00 EQUAL EMPLOYMENT
OPPORTUNITY PROGRAM.

431.02 Inappropriate Comments/Display of Inappropriate Material

A. The Dallas Police Department is committed to promoting a work environment that is free of harassment.
B. Harassment is abusive, obscene, or threatening conduct or communication that is intended to harass, annoy, alarm,
torment, embarrass, degrade, demean, or injure another.
C. The following conduct will not be tolerated while on-duty or on City premises. Employees will not:
1. Use obscene or abusive language or offensive gestures in their communication with co-workers or members of
the public.
2. By oral, written, electronic, or other means of communication, threaten or intimidate co-workers or members of
the public.
3. Physically endanger, intimidate, or injure co-workers or members of the public.
4. Display or wear inappropriate items in the work place that he/she knows another person could reasonably
consider offensive.
D. Employees who engage in such conduct while on duty or on City premises will be subject to immediate discipline.
E. Supervisors are expected to take immediate action, including removal of any offensive material, to resolve
complaints. Any complaints related to inappropriate comments or the display of inappropriate items will be
processed as grievances. (Refer to General Order 430.00 GRIEVANCE PROCEDURE.)

431.03 Sexual Harassment

A. Sexual harassment is strictly prohibited. The Dallas Police Department is committed to providing all employees a
work environment that is free from any form of sexual harassment or any hostile or retaliatory action against an
individual reporting such behavior. Sexual Harassment is a direct violation of City of Dallas Personnel Rule 34-36 (b)
(12) (f) and the Dallas Police Department General Orders and will not be tolerated in the work place.
B. Administrative Directive 3-61 Sexual Harassment defines sexual harassment in the work place and sets out
responsibilities in preventing such conduct. Pursuant to the City Charter, Chapter XII, Section 2, any complaints of
harassment will be handled in accordance with General Orders 431.04 and 431.05.
C. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct constitute sexual
harassment when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's
employment.
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions
affecting such individual.
3. Such conduct creates an intimidating, hostile, or offensive working environment that is so severe or pervasive
that it alters the conditions of employment.
D. Incidents of sexual harassment can involve members of the same gender, as well as members of the opposite
gender.
E. There are two types of sexual harassment:
1. Quid Pro Quo (this for that): Only a person having authority over another individual can commit quid pro quo
harassment. This type of harassment exists when a person in authority states or implies that an employee must
consent to unwelcome sexual advances in exchange for some economic benefit such as promotions, merits, job
offers, job retention, etc. Also, quid pro quo sexual harassment occurs when rejection of sexual advances
would result in adverse decisions affecting an employee's job status: for example, demotion, termination, denial
of employment, etc.
2. Hostile Work Environment: Anyone in the work place can commit this type of harassment. A hostile work
environment exists where sexual harassment is so severe or pervasive that it creates an intimidating, offensive
work place and alters the conditions of employment.
F. Inappropriate conduct that may contribute to sexual harassment includes, but is not limited to, the following:
1. Touching another person's body in a manner that may be regarded as offensive, for example, unwelcome neck
massages, or rubbing another person's hands or arms.
2. Touching another person's breasts, buttocks, or genitals.
3. Exposing or touching one's self in a manner that may be regarded as offensive.
4. Threatening retaliation for reporting sexual harassment.
Dallas Police Department General Order
431.00 Discrimination and Sexual Harassment
Revised 06/19/09

5. Displaying sexually oriented or suggestive photos, videos, magazines, posters, drawings, and literature that
may be regarded as offensive.
6. Alluding to another person's or one's own anatomy and/or genitals.
7. Telling sexually oriented jokes or making references or inquiries into someone's sexual preferences.
8. Alluding to another person's or one's own mode of dress in a sexually oriented or suggestive manner.
9. Making degrading comments based upon a persons gender.

431.04 Employee Responsibilities Regarding Sexual Harassment

A. Employees shall take the initiative in preventing sexual harassment in the work place by:
1. Conducting themselves in a professional manner, maintaining a professional attitude, and dressing
appropriately for the work place.
2. Avoiding any type of act or discussion that may be regarded as offensive.
3. Ceasing immediately any behavior or discussion if told that such conduct is offensive.
4. Responding immediately, verbally or in writing, to offensive conduct or behavior by communicating to the
individual that such conduct is unwelcome.
B. Employees will immediately report any allegations of sexual harassment to any supervisor, anyone acting in a
supervisory capacity, or to the Internal Affairs Division. When reporting sexual harassment allegations, employees
must provide the names of witnesses and the time, place, and date of the incident. Supervisory notification may be
either written or verbal.
1. If the accused employee and complaining employee are of the same or equal rank, the sexual harassment
allegation should be reported immediately to the complaining employee's supervisor.
2. If the complaining employee's supervisor is the accused individual, the complaining employee may contact the
next supervisor in the chain-of-command or any other supervisor. Female employees may contact a female
supervisor to initiate a complaint.

431.05 Responsibilities for Preventing and Investigating Sexual Harassment

A. All written and verbal charges of sexual harassment will be taken seriously and dealt with in a prompt and effective
manner. All supervisors and anyone acting in a supervisory capacity will:
1. Take initiative in preventing sexual harassment in the work place by setting good examples, demonstrating
courteous and professional behavior at all times, and actively monitoring the work environment.
2. Ensure that employees do not suffer reprisal or retaliatory actions for presenting allegations of sexual
harassment.
3. Immediately forward to the Internal Affairs Division (IAD) for investigation any allegations of sexual harassment,
and take immediate and positive steps to eliminate any form of sexual harassment when it comes to their
attention. This may include reassignment of the individuals involved.
B. If directly notified by an employee of a sexual harassment allegation, the Internal Affairs Division will notify the
complaining employees Organizational Commander to take prompt remedial action. Any action taken is temporary
pending completion of the IAD investigation.
C. Organizational Commanders will assess all complaints alleging sexual harassment to determine if immediate action
is required prior to completion of the IAD investigation.
D. Failure of a supervisor or anyone acting in a supervisory capacity to take prompt remedial action on a sexual
harassment complaint should be reported to IAD.

431.06 Police/Citizen Sexual Harassment

No officer or non-sworn employee will subject any citizen to any form of sexual harassment as defined in the Texas Penal
Code (Section 39.03), City of Dallas Personnel Rules, and the Code of Conduct.

431.07 Racial Profiling

A. Racial Profiling is defined as any law enforcement-initiated action based on an individuals race, ethnicity, or
national origin rather than on the individuals behavior or on information identifying the individual as having engaged
in criminal activity.
B. Race or Ethnicity is defined as a persons particular descent, including Caucasian, African, Hispanic, Asian, or
Native American descent.
C. Examples of Racial Profiling including, but are not limited to:
1. Initiating a traffic stop on a particular vehicle because of the race, ethnicity, or national origin of the driver or of a
passenger in a vehicle.
2. Stopping or detaining the driver of a vehicle or passenger in a vehicle based on the determination that a person
or that race, ethnicity, or national origin is unlikely to own or possess that specific make or model of vehicle.
3. Stopping or detaining an individual based upon the determination that a person of that race, ethnicity, or
national origin is unlikely to be in that place or part of town.
4. Stopping a driver when looking for a suspect if the only commonality between the suspect and the driver or a
passenger is their race, ethnicity, or national origin.
5. Singling out an individual for enforcement who is part of a group of individuals exhibiting similar behavior (for
example, a group of drivers exceeding the speed limit) because of the individuals race, ethnicity, or national
origin.
6. The unlawful seizure and/or forfeiture of a person's assets based on ethnicity or a person's descent.
D. Racial Profiling is strictly prohibited. At no time will a sworn employee rely upon racial profiling in any probable
cause or reasonable suspicion determination.