26.01 PURPOSE
To provide policies and procedures for preventing, reporting, investigating, and resolving incidents of discrimination, harassment, sexual impropriety, and retaliation involving Department personnel, in accordance with Commonwealth policy as well as federal and state laws governing equal employment opportunity and nondiscrimination in the provision of programs, services, and activities provided by the Department. The Department is committed to the principles that break down barriers and help people achieve their goals and realize their potential.
26.02 POLICY
A. The Department is an equal opportunity employer committed to providing equal opportunity for all personnel and applicants for employment. Unequal treatment based on membership in a class protected by law, or Commonwealth policy, including: race, color, sex, religious creed, national origin, ancestry, age (40 or older), disability, sexual orientation, gender (including pregnancy), gender identity, gender expression, AIDS or HIV status, or union membership, is prohibited. Retaliation for engaging in activities protected by law or Commonwealth policy is also prohibited.
B. The Department maintains a zero-tolerance policy regarding discrimination, harassment, sexual impropriety, and retaliation; all of which are prohibited conduct under Commonwealth policy, as well as federal and/or state law. All reports of such prohibited conduct based on a protected class or activity which alleges a corresponding act of harm will be thoroughly investigated. The Department will aggressively pursue all appropriate statutory and administrative remedies against Department personnel who have engaged in confirmed occurrences of prohibited conduct.
C. Personnel shall not prepare any communication which references a person's race, color, sex, religious creed, national origin, ancestry, age (40 or older), disability, sexual orientation, gender (including pregnancy), gender identity, gender expression, AIDS or HIV status, or union membership, unless it serves a specific and legitimate purpose in accordance with Department directives/regulations.
D. Personnel shall not engage in the presentation of any racial, sexual, religious, ethnic, or disability-related joke, slur, or story, in any form.
E. Personnel shall not exhibit or display sexually explicit or derogatory objects, pictures, cartoons, posters, or drawings at the workplace unless doing so serves a specific and legitimate administrative or investigative purpose in accordance with Department directives/regulations.
F. Department personnel are encouraged to communicate, verbally or in writing, any questions, concerns, recommendations, or suggestions regarding the Department’s Equal Employment Opportunity (EEO) Plan, directly to the Director, Equality and Inclusion Office, or the Commander, Equal Employment Opportunity (EEO) Section, Equality and Inclusion Office. Personnel are afforded multiple avenues to report discrimination, including the ability to report allegations directly to the Director, Equality and Inclusion Office, the Commander, EEO Section; the EEO Specialist; their EEO Liaison; or their Supervisor.
G. Department personnel are encouraged to communicate, verbally or in writing, any questions, concerns, recommendations, or suggestions regarding the Department’s Equal Employment Opportunity (EEO) Plan, directly to the Director, Equality and Inclusion Office, or the Commander, Equal Employment Opportunity (EEO) Section, Equality and Inclusion Office. Personnel are afforded multiple avenues to report discrimination, including the ability to report allegations directly to the Director, Equality and Inclusion Office, the Commander, EEO Section; the EEO Specialist; their EEO Liaison; or their Supervisor.
26.03 SCOPE
The provisions of this regulation shall apply to all Department personnel while engaged in the performance of their duties or assignments; while present at a Department facility and/or on Department grounds; while participating in Department-authorized activities, programs, conferences, or training; and/or while attending social functions sponsored or approved by the Department. The provisions of this regulation shall also apply when discrimination, harassment, sexual impropriety, or retaliation occurs away from the workplace but is intended to or reasonably likely to cause a hostile work environment, or materially adversely affect the reputation of the Department.
26.04 DEFINITIONS
For purposes of this regulation, the listed terms shall have the following meaning(s):
A. Accommodation: A reasonable adjustment to the hiring or application process, the job, or the work environment that enables a qualified individual with a disability to perform the essential functions of the job and to participate in equal employment opportunities.
B. Commonwealth Policy: All Governor’s Office Executive Orders and Management Directives governing equal employment opportunity. This includes:
1. Executive Order 2016-04, Equal Employment Opportunity, dated April 7, 2016.
2. Executive Order 2021-04, Prohibition of Sexual Harassment in the Commonwealth, dated June 15, 2021.
3. Management Directive 205.25, Amended, Employment-Related Disability Accommodations, dated July 24, 2023.
4. Management Directive 410.10, Amended, Guidelines for Investigating and Resolving Internal Discrimination Complaints, dated December 5, 2012.
5. Management Directive 410.12, Employee-Related Religious Accommodations, dated November 14, 2023.
6. Management Directive 505.30, Amended, Prohibition of Sexual Harassment in Commonwealth Work Settings, dated June 19, 2002.
7. Management Directive 505.7, Amended, Personnel Rules, Chapter 13, Conduct Employee Discipline, Conflict of Interest, and Prohibited Activities, dated November 9, 2010.
C. Department Personnel: All members and employees of the Department, as well as all individuals and entities contracted by and/or doing business with the Department.
D. Discrimination: Any discriminatory action affecting a member’s, employee’s, or applicant’s appointment, delegation, discipline, performance, promotion, recruitment, selection, separation, testing, training, or any other employment-related matter which is based upon the affected individual’s race, color, sex, religious creed, national origin, ancestry, age (40 or older), disability, sexual orientation, gender (including pregnancy), gender identity, gender expression, AIDS or HIV status, union membership, or other distinction protected by Commonwealth policy, or federal and/or state law. Discrimination involves some harm with respect to the terms or conditions of employment due to a protected class.
E. Harassment: Any verbal, written, graphic (physical or electronic), or demonstrative expression of denigration, intolerance, or hostility toward another person or group of people based on race, color, sex, religious creed, national origin, ancestry, age (40 or older), sexual orientation, gender (including pregnancy), gender identity, gender expression, AIDS or HIV status, disability, union membership, or other distinction prohibited by Commonwealth policy or federal and/or state law, which:
1. Has the purpose or effect of unreasonably interfering with the work performance of that person or group of people or creating an intimidating, offensive, or hostile work environment; or
2. Is either an explicit or implicit condition of employment for that person or group; or
3. Is either an explicit or implicit basis for an employment decision(s) affecting that person or group.
F. Equal Employment Opportunity Liaison: Personnel selected by Troop Commanders and Bureau/Office Directors, responsible for ensuring that all allegations of prohibited conduct are processed in accordance with this regulation.
G. Equal Employment Opportunity Section: The Department entity charged with ensuring the Department’s compliance with federal and state laws, Department regulations, and Commonwealth policy governing equal employment opportunity and related federal and state nondiscrimination authorities.
H. Equality and Inclusion Office: The Department Office encompassing the EEO Section.
I. Federal Law:
1. Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq. (This law prohibits discrimination on the basis of race, color, and national origin in the provision of programs or activities.)
2. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e-16, Employment by Federal Government. (This law prohibits employment discrimination based on certain protected classes and activities.)
3. Federal Aid Highway Act of 1973, 23 U.S.C. § 324 et seq. (This law prohibits discrimination on the basis of sex.)
4. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq., as amended. (This law prohibits discrimination on the basis of disability.)
5. Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq. (This law prohibits discrimination on the basis of disability. It requires reasonable accommodations for qualified applicants and employees. The law also prohibits discrimination against qualified individuals with disabilities in all programs, services, and activities of public entities.)
J. Investigation: An internal investigation conducted in accordance with AR 4-25, Internal Investigations.
K. Inquiry: An EEO Section Supervisory Inquiry conducted by an EEO Liaison, the EEO Specialist, or designee of the Director, Equality and Inclusion Office or Commander, EEO Section, to collect facts on which the Director, Equality and Inclusion Office, or designee, will base a final determination as to whether prohibited conduct has occurred. Such inquiries are generally conducted pursuant to reports of prohibited conduct made by Department personnel to the Equality and Inclusion Office, or their respective Troop/Bureau/Office EEO Liaison, and are documented on a General Inquiry Report, Form SP 5-361.
L. Prohibited Conduct: Any act of discrimination, harassment, and/or sexual impropriety, including sexual harassment, sexual misconduct, or retaliation which is based on a protected class or activity. Non-compliance with Commonwealth policy or federal and/or state law as defined in this regulation is also Prohibited Conduct.
M. Retaliation: A materially adverse employment action taken because the individual engaged in activity protected by law or Commonwealth policy which includes, but is not limited to, requesting or receiving an accommodation; filing an internal or external complaint of discrimination or retaliation; testifying, assisting, or participating in any proceeding, investigation, inquiry, or hearing; or otherwise opposing discrimination or retaliation connected to the workplace. Retaliation includes conduct that might well dissuade a reasonable person from engaging in activity protected by law or Commonwealth policy.
N. Sexual Impropriety: Any form of sexual harassment or sexual misconduct, as follows:
1. Sexual Harassment: Any unwelcome sexual advance, request for sexual favor, and/or other verbal, visual, or physical conduct of a sexual nature where any or all the following occur:
a. Submission to or rejection of such conduct is an explicit or implicit term or condition of an individual’s employment.
b. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual.
c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.
2. Sexual Misconduct: Any form of uninvited or unwelcome sexual touching, sexual contact, or conduct of a sexual nature which victimizes another.
a. Sexual touching or sexual contact includes intentional touching or other physical contact, whether applied directly to the skin or to clothing covering the skin of oneself or another individual, which is meant to, is reasonably likely to, or is reasonably perceived to abuse, degrade, harass, humiliate, or sexually arouse any person.
b. Sexual misconduct also includes any conduct specified in the following sections of Title 18 Pa.C.S., whether or not criminally charged:
(1) Section 3121, Rape.
(2) Section 3122.1, Statutory sexual assault.
(3) Section 3123, Involuntary deviate sexual intercourse.
(4) Section 3124.1, Sexual assault.
(5) Section 3124.2, Institutional sexual assault.
(6) Section 3125, Aggravated indecent assault.
(7) Section 3126, Indecent assault.
(8) Section 3127, Indecent exposure.
(9) Section 3129, Sexual intercourse with animal.
(10) Section 3131, Unlawful dissemination of intimate image.
(11) Section 5901, Open lewdness.
(12) Section 6301, Corruption of minors (only as it relates to acts of a sexual nature).
(13) Equivalent offenses committed in other jurisdictions (whether or not criminally charged).
O. State Law: The Pennsylvania Human Relations Act of October 17, 1955, P.L. 744, 43 P.S. §§ 951-963.
26.05 GENERAL PROHIBITIONS
A. Department personnel shall not engage in or knowingly condone prohibited conduct.
B. Department personnel shall neither interfere nor fail to cooperate with investigations or inquiries involving alleged prohibited conduct.
26.06 RESPONSIBILITIES
A. Deputy Commissioner of Administration and Professional Responsibility:
1. Ensure the provisions of this regulation are adhered to and enforced.
2. Ensure timely, impartial disciplinary action against individuals determined to have engaged in prohibited conduct.
3. Ensure swift, effective remedial action to stop, correct, and prevent a repetition of prohibited conduct.
4. Ensure appropriate confidentiality of all records involving alleged prohibited conduct is maintained, except as directed by law or authorized by the Commissioner.
B. Director, Equality and Inclusion Office:
1. When appropriate, take immediate action to reduce the risk of retaliation against anyone who exercises their right, under federal and/or state law or Commonwealth policy, to be free from discrimination, harassment, and sexual harassment in the workplace, as well as anyone who requests or receives an accommodation, or who cooperates with any investigation or inquiry involving alleged prohibited conduct.
2. Ensure appropriate confidentiality of all records involving alleged prohibited conduct is maintained, except as required by law or authorized by the Commissioner.
3. Review, or assign a designee to review, all investigations and inquiries alleging discrimination, harassment, sexual impropriety, and/or retaliation.
4. Ensure Department compliance with federal and state laws, Department regulations, and Commonwealth policy pertaining to discrimination, harassment, sexual impropriety, and retaliation.
5. Ensure prompt, thorough, and impartial investigations or inquiries of reported prohibited conduct.
6. Ensure consistent application of this regulation.
C. Director, Bureau of Integrity and Professional Standards:
1. Ensure prompt, thorough, and impartial investigations or inquiries of all reported prohibited conduct.
2. Confer with the Director, Equality and Inclusion Office, or the Commander, EEO Section, to ensure timely, impartial adjudication of confirmed occurrences of prohibited conduct, and swift, effective remedial action to discourage repetition of prohibited conduct.
3. Ensure all investigators assigned to the Internal Affairs Division, Bureau of Integrity and Professional Standards, receive training to effectively investigate alleged prohibited conduct.
4. Confer with the Director, Equality and Inclusion Office, or the Commander, EEO Section, on each report of prohibited conduct to jointly determine whether an investigation or inquiry is warranted by the circumstances.
5. When appropriate, take immediate action to reduce the risk of retaliation against anyone who exercises their right, under law or Commonwealth policy, to be free from discrimination, harassment, and sexual harassment in the workplace, as well as anyone who requests or receives an accommodation, or who cooperates with any investigation or inquiry involving alleged prohibited conduct.
6. Ensure appropriate confidentiality of all records involving alleged prohibited conduct is maintained, except as required by law or authorized by the Commissioner.
D. Director, Office of Community Engagement:
1. When requested, submit, or assign a designee to submit, written opinions regarding Internal Affairs Investigations of alleged bias-based policing, as outlined in AR 4-37, Bias-Based Profiling Review.
2. Ensure that any training requested by the Heritage Affairs Section, Office of Community Engagement, as part of the adjudication of an EEO-related inquiry/investigation is promptly provided.
E. Director, PSP Human Resource Office (PSPHRO):
1. Forward copies of final determinations in disciplinary cases involving alleged prohibited conduct by employees to the Director, Equality and Inclusion Office.
2. Inform the Director, Equality and Inclusion Office, of developments in employee grievance proceedings involving alleged prohibited conduct.
3. When appropriate, take immediate action to reduce the risk of retaliation against anyone who exercises their right, under law or Commonwealth policy, to be free from discrimination, harassment, and sexual impropriety in the workplace, as well as anyone who requests or receives an accommodation, or who cooperates with any investigation or inquiry involving alleged prohibited conduct.
4. Ensure appropriate confidentiality of all records involving alleged prohibited conduct is maintained, except as required by law or authorized by the Commissioner.
5. Ensure reports of prohibited conduct received by personnel of the PSPHRO are promptly communicated to the Director, Equality and Inclusion Office.
F. Director, Department Discipline Office:
1. Forward copies of final determinations in disciplinary cases involving alleged prohibited conduct by members to the Director, Equality and Inclusion Office.
2. Inform the Director, Equality and Inclusion Office, of developments in member grievance proceedings involving alleged prohibited conduct.
3. When appropriate, take immediate action to reduce the risk of retaliation against anyone who exercises their right, under law or Commonwealth policy, to be free from discrimination, harassment, and sexual harassment in the workplace, as well as anyone who requests or receives an accommodation, or who cooperates with any investigation or inquiry involving alleged prohibited conduct.
4. Ensure appropriate confidentiality of all records involving alleged prohibited conduct is maintained, except as required by law or authorized by the Commissioner.
G. Commander, Equal Employment Opportunity Section, Equality and Inclusion Office:
1. Ensure Department compliance with federal and state laws, Department regulations, and Commonwealth policy pertaining to discrimination, harassment, sexual impropriety, and retaliation.
2. Ensure consistent application of this regulation.
3. When appropriate, take immediate action to reduce the risk of retaliation against anyone who exercises their right, under law or Commonwealth policy, to be free from discrimination, harassment, and sexual harassment in the workplace, as well as anyone who requests or receives and accommodation, or who cooperates with any investigation or inquiry involving alleged prohibited conduct.
4. Promote Department-wide understanding and respect for equal employment opportunity concepts.
5. Develop Department training pertaining to discrimination, harassment, sexual impropriety, and retaliation, as directed by the Deputy Commissioner of Administration and Professional Responsibility.
6. Ensure annual dissemination of the Commonwealth’s policy statement against sexual harassment to all Department personnel.
7. Train EEO Liaisons and Internal Affairs Division investigators to ensure prompt, thorough, and competent investigations or inquiries of all reports of prohibited conduct.
8. Prepare the Department’s annual EEO Plan.
9. Revise this regulation, as needed, to reflect changes in federal and/or state law, Commonwealth policy, and/or Department regulations.
10. Confer with the Director, Bureau of Integrity and Professional Standards, on each report of prohibited conduct to jointly determine whether an investigation or inquiry is warranted by the circumstances.
11. Consult with the Office of Chief Counsel to ensure the Department’s compliance with federal and state laws, and to preserve the Department’s legal rights and defenses in anticipation of litigation arising from alleged violations of federal and/or state law.
12. Insofar as practical, follow the procedures specified under Commonwealth Management Directive 410.10, Amended, Guidelines for Investigating and Resolving Internal Discrimination Complaints.
13. Promptly notify the Office of Chief Counsel of each report of prohibited conduct and advise whether the matter will be handled as an investigation or inquiry.
14. When in doubt as to whether a matter under investigation or inquiry involves prohibited conduct or some other violation of law, promptly consult with the Office of Chief Counsel to determine whether the matter should be referred to another Department entity, government agency, or legal forum for further action.
15. When litigation has commenced in a court of law or before an outside agency against the Department or Department personnel alleging prohibited conduct, immediately refer the case to the Office of Chief Counsel for further action.
16. Obtain legal guidance from the Office of Chief Counsel:
a. While evaluating facts developed by an inquiry.
b. Before taking direct remedial action to neutralize the adverse impact of prohibited conduct or prevent recurrences of such conduct.
c. Before notifying the complainant or subject of the disposition of an inquiry.
17. Obtain the advice of the Office of Chief Counsel before issuing the final determination of an inquiry.
18. Consult with adjudicators during the evaluation of all investigations involving alleged prohibited conduct.
19. Monitor grievance proceedings of Department personnel involving alleged prohibited conduct.
20. Serve as the Department’s custodian of records relating to all EEO Section operations and all Department actions taken pursuant to this regulation, including EEO training and enforcement.
a. Maintain a thorough, accurate record of all actions taken by the Department pursuant to an inquiry, which shall be retained in accordance with applicable Department records retention schedules or otherwise for a period of four years from the last recorded action.
b. Retain a true-and-correct copy of each final determination, together with all attachments and other records associated with the underlying inquiry, in accordance with Department records retention schedules or otherwise for a period of four years from the date of issuance of the final determination.
21. Ensure appropriate confidentiality of all records involving alleged prohibited conduct is maintained, except as required by law or authorized by the Commissioner.
H. Office of Chief Counsel:
1. Notify the Director, Equality and Inclusion Office and the Commander, EEO Section, of all complaints of prohibited conduct against the Department or Department personnel originating from outside the Department, and the final disposition (i.e., withdrawal, dismissal, settlement, or adjudication) of all such complaints.
2. Upon request, provide legal advice and assistance to the Director, Equality and Inclusion Office and the Commander, EEO Section, as inquiries are conducted to ensure the Department’s compliance with federal and state law, and to ensure preservation of the Department’s legal rights and defenses in anticipation of litigation arising from alleged violations of federal and/or state law.
3. Whenever litigation or outside agency administrative proceedings arise from an on-going inquiry, assume control over the inquiry and direct all further action, as required.
4. Review the final determination of each inquiry before it is issued by the Director, Equality and Inclusion Office or the Commander, EEO Section, to objectively verify the occurrence of prohibited conduct and, upon such verification, provide advice relating to the issuance of the final determination.
5. Ensure appropriate confidentiality of all records involving alleged prohibited conduct is maintained, except as required by law or authorized by the Commissioner.
I. Equal Employment Opportunity Liaisons:
1. Monitor the work environment for occurrences or risks of prohibited conduct and promptly notify the Director, Equality and Inclusion Office or the Commander, EEO Section, accordingly. The affected Troop Commander(s) and/or Bureau/Office Director(s) shall also be notified.
2. Promptly notify the Director, Equality and Inclusion Office or the Commander, EEO Section, of all reported prohibited conduct.
3. Consult with the Director, Equality and Inclusion Office or the Commander, EEO Section, before taking any action in response to any report of prohibited conduct, unless immediate action is necessary.
NOTE: Certain situations may require immediate action against an alleged offender (e.g., physical contact, abuse). Immediate action may include, but is not limited to, the following: change of work location, change of shift, or a change of duty assignment. If immediate action is taken prior to contacting Equality and Inclusion Office personnel, notification shall be made as soon as practicable, but no later than 1600 hours on the next business day.
4. When appropriate, take immediate action to reduce the risk of retaliation against anyone who exercises their right, under federal and/or state law, to be free from discrimination, harassment, and sexual harassment in the workplace, as well as anyone who requests or receives and accommodation, or who cooperates with any investigation or inquiry involving alleged prohibited conduct.
5. When directed by the Director, Equality and Inclusion Office or the Commander, EEO Section, initiate an inquiry into alleged prohibited conduct, as specified by this regulation and in a manner consistent with all applicable Department policies and procedures.
6. Generally, within 30 working days of the initiation of an inquiry, compile a report of all facts developed by the inquiry, as well as all relevant documentation regarding the alleged prohibited conduct, and forward to the Director, Equality and Inclusion Office for final determination. Inquiries shall be documented on a General Inquiry Report. The General Inquiry Report is available via the PSPiNet, Administrative Center, Equality and Inclusion Office, under the “EEO Documents” link, or by clicking on the following hyperlink: EEO Documents.
7. Ensure appropriate confidentiality of all records involving alleged prohibited conduct is maintained, except as directed by law or authorized by the Commissioner.
8. When directed, provide training for personnel identified by the Director, Equality and Inclusion Office, or the Commander, EEO Section, as needing remedial EEO-related training and/or regulation reviews.
J. Commanders and Directors:
1. Ensure work environments are monitored for occurrences or risks of prohibited conduct.
2. Promptly notify the Director, Equality and Inclusion Office or the Commander, EEO Section, of any report of prohibited conduct, and confer with the Director, Equality and Inclusion Office or the Commander, EEO Section, before taking any action in response to alleged prohibited conduct, unless immediate action is necessary.
3. Commanders and Directors shall consult with the Director, Equality and Inclusion Office, or the Commander, EEO Section, before adjudicating matters involving alleged prohibited conduct. For investigations involving an allegation of biased-based policing, the Director, Equality and Inclusion Office may designate a Commander within the Office of Community Engagement to consult with the adjudicator.
4. When appropriate, take immediate action to reduce the risk of retaliation against anyone who exercises their right, under law or Commonwealth policy, to be free from discrimination, harassment, and sexual harassment in the workplace, as well as anyone who requests or receives an accommodation, or who cooperates with any investigation or inquiry involving alleged prohibited conduct.
5. In January of each year, provide written notification to all personnel under their command of the following:
a. The identity of the Troop/Bureau/Office EEO Liaison.
b. The procedures for reporting prohibited conduct.
c. Supervisor’s responsibilities when prohibited conduct has been reported.
NOTE: Such notice shall be made via Troop/Bureau/Office Directive (Appendage A). A copy of the directive shall be forwarded to the Director, Equality and Inclusion Office, no later than January 31 of each year.
6. Promptly provide written notification to all personnel under their command via Troop/Bureau/Office Directive (Appendage A) of changes in the Troop/Bureau/Office EEO Liaison assignment and forward a copy of the directive to the Director, Equality and Inclusion Office.
NOTE: Troop Commanders and Bureau/Office Directors shall obtain the concurrence of the Director, Equality and Inclusion Office prior to assigning a new Troop/Bureau/Office EEO Liaison.
7. Ensure all personnel under their command complete and sign the Acknowledgment of Receipt of the Commonwealth of Pennsylvania’s Sexual Harassment Policy Form (Enclosure [1] of Management Directive 505.30) during the Department’s annual EEO training. Personnel shall forward the signed acknowledgement, through channels, to their Troop/Bureau/Office EEO Office Liaison. A current list of Troop/Bureau/Office EEO Office Liaisons can be found on the PSPiNet, Administrative Center, under the “Equality and Inclusion Office” link, or at the following hyperlink: Troop/Bureau/Office EEO Office Liaisons. Troop/Bureau/Office EEO Liaisons shall ensure a signed copy of the Acknowledgement of Receipt of the Commonwealth of Pennsylvania’s Sexual Harassment Policy is received and placed in the corresponding Electronic Official Personnel Folder in SAP for each member/employee assigned to their Troop/Bureau/Office. A signed copy of each acknowledgment shall also be scanned and emailed to the Equality and Inclusion Office, at ra-pspequalempoppoff@pa.gov.
NOTE: When annual EEO training is conducted electronically, an electronic acknowledgment is acceptable.
8. Ensure an adequate supply of the Sexual Harassment/ Sexual Misconduct Policy and Complaint Procedures Brochure, Form SP 5-355 (Appendage B), and the Sexual Harassment/Sexual Misconduct and Complaint Procedures Brochure (Spanish Version), Form SP 5-355S (Appendage C), are maintained and displayed in the lobby or other conspicuous location within each Department installation under their command.
9. Actively support programs and practices designed to develop understanding, acceptance, and commitment to equal employment opportunity. All civilian supervisory and management personnel will be evaluated on their commitment to equal employment opportunity and all members will be evaluated on criteria that includes attitude, behavior, objectivity, and leadership/followership. It is the responsibility of all personnel to cooperate in this endeavor and maintain a work environment free from discrimination while providing the highest level of quality, unbiased public service.
10. Ensure appropriate confidentiality of all records involving alleged prohibited conduct is maintained, except as required by law or authorized by the Commissioner.
K. Supervisors:
1. Monitor the work environment for conduct prohibited by this regulation.
2. Promptly notify the Director, Equality and Inclusion Office, or the Commander, EEO Section, or their EEO Liaison of all occurrences or allegations of prohibited conduct.
3. Consult with the Director, Equality and Inclusion Office, or the Commander, EEO Section, before taking any action in response to reports of prohibited conduct, unless immediate action is necessary.
NOTE: Certain situations may require immediate action against an alleged offender (e.g., physical contact, abuse). Immediate action may include, but is not limited to, the following: change of work location, change of shift, or a change of duty assignment. If immediate action is taken prior to contacting the Director, Equality and Inclusion Office, or the Commander, EEO Section, or an EEO Liaison, notification shall be made as soon as practicable, but no later than 1600 hours on the next business day.
4. When appropriate, take immediate action to reduce the risk of retaliation against anyone who exercises their right, under law or Commonwealth policy, to be free from discrimination, harassment, and sexual harassment in the workplace, as well as anyone who requests or receives an accommodation, or who cooperates with any investigation or inquiry involving alleged prohibited conduct.
5. Ensure appropriate confidentiality of all records involving alleged prohibited conduct is maintained, except as required by law or authorized by the Commissioner.
L. Department Personnel shall:
1. Ensure appropriate confidentiality of all records involving alleged prohibited conduct is maintained, except as directed by law or authorized by the Commissioner.
2. Report prohibited conduct about which they are aware to their supervisor; their Troop/Bureau/Office EEO Liaison; the Department EEO Specialist; the Commander, EEO Section; the Director Equality and Inclusion Office; or the Bureau of Integrity and Professional Standards (by self-initiating a BlueTeam entry). Civilian employees may also report prohibited conduct about which they are aware to the Director, Employee Relations Section, PSPHRO.
NOTE: When a complaint of harassment, discrimination, sexual impropriety, or retaliation involves the immediate supervisor or another individual from the complainant’s chain of command, personnel may report the incident to the immediate supervisor of the alleged offender.
26.07 REPORTING
A. A member of the Department shall promptly report prohibited conduct that comes to their attention in accordance with the provisions of this regulation and FR 1-1, General Requirements.
B. An employee of the Department shall promptly report prohibited conduct in accordance with the provisions of this regulation, whether the employee is a victim, witness, or otherwise concerned individual.
C. Prohibited conduct shall be reported within 90 days of its occurrence to ensure effective investigation or inquiry pursuant to this regulation. Reporting prohibited conduct pursuant to this regulation DOES NOT satisfy statutory reporting requirements for purposes of obtaining relief from unlawful conduct under federal and/or state law.
1. To obtain relief from a violation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended by the Equal Employment Opportunity Act of 1972, a charge must be filed with the U.S. Equal Employment Opportunity Commission within 300 days of the occurrence of the alleged violation (42 U.S.C. § 2000e-5[e][1]).
2. To obtain relief from a violation under the Pennsylvania Human Relations Act of October 17, 1955, P.L. 744, 43 P.S. §§ 951-963, a complaint must be filed with the Pennsylvania Human Relations Commission within 180 days of the occurrence of the alleged violation (43 P.S. § 959[h]).
D. Reports of prohibited conduct may be submitted in writing on the Commonwealth of Pennsylvania Equal Employment Opportunity Discrimination Complaint Form, to the complainant’s immediate supervisor or the designated EEO Liaison assigned to the complainant’s Troop/Bureau/Office. Complaints may also be filed with the Director, Equality and Inclusion Office, the Commander, EEO Section, the Equal Employment Opportunity Specialist, or through the Bureau of Integrity and Professional Standards by completing a Blue Team entry. If the alleged prohibited conduct involves the complainant’s immediate supervisor or another individual in the complainant’s chain of command, the complaint may be filed with the alleged offender’s immediate supervisor. The Department handles all reports of prohibited conduct as complaints.
1. In accordance with Management Directive 410.10 Amended, Guidelines for Investigating and Resolving Internal Discrimination Complaints, all complaints based on a protected class or activity which have a corresponding act of harm must be investigated and treated seriously. There is no distinction between a formal or informal complaint. A complaint does not need to be in writing to warrant the need for an investigation or inquiry. When a complaint is received verbally or is otherwise not on the Commonwealth of Pennsylvania EEO Discrimination Complaint Form, the complainant may be asked to provide the details of their complaint on the Commonwealth of Pennsylvania EEO Discrimination Complaint Form by personnel from the Equality and Inclusion Office to help ensure proper handling of the complaint. The Equal Employment Opportunity Discrimination Complaint form is available via the PSPiNet, Administrative Center, Equality and Inclusion Office, under the “EEO Documents” link, or by clicking on the following hyperlink: EEO Documents. This form can also be obtained by calling the EEO Section at 717-787-7220, or by contacting an EEO Liaison.
2. All complaints/reports of prohibited conduct shall be handled and maintained confidentially, insofar as practicable.
26.08 PROCESSING AND DOCUMENTATION
A. Except in circumstances requiring immediate action (e.g., physical contact, abuse), no action shall be taken in response to an allegation of prohibited conduct until the Director, Equality and Inclusion Office, or the Commander, EEO Section, has been apprised of the situation.
B. In cases where the Director, Equality and Inclusion Office or the Commander, EEO Section, is notified of reported prohibited conduct, they shall apprise the Director, Bureau of Integrity and Professional Standards, of the situation within 10 days of receiving such notification.
C. In cases where the Director, Bureau of Integrity and Professional Standards, is notified of reported prohibited conduct, they shall apprise the Director, Equality and Inclusion Office, of the situation within 10 days of receiving such notification.
D. In cases where the Director, Employee Relations Division, PSPHRO, is notified of reported prohibited conduct, they shall apprise the Director, Equality and Inclusion Office, of the situation within 10 days of receiving such notification.
E. The Director, Equality and Inclusion Office and the Director, Bureau of Integrity and Professional Standards, shall jointly determine whether an allegation of prohibited conduct is to be handled as an investigation or inquiry.
1. The joint determination shall be based on a consideration of the following factors:
a. The nature of the alleged prohibited conduct.
b. The available records and information.
c. Prior reported prohibited conduct involving the alleged offender.
d. The need and ability to take immediate action to stop or prevent further prohibited conduct.
2. In all cases, the following types of alleged prohibited conduct shall be handled as an investigation:
a. Criminal harassment, inappropriate physical contact, sexual misconduct, or other egregious acts that, if founded, may warrant criminal prosecution and/or disciplinary action by the Department.
b. Discrimination or sexual harassment that is integral to other alleged misconduct.
3. Nothing shall prohibit the Director, Equality and Inclusion Office or the Commander, EEO Section, from referring an inquiry to the Internal Affairs Division, Bureau of Integrity and Professional Standards, for investigation in the event more serious misconduct is discovered following commencement of the inquiry.
NOTE: Alleged prohibited behavior does not need to rise to the level of criminal harassment to require and inquiry or investigation.
F. Whenever a complaint has been filed with any court of law or outside agency against the Department or Department personnel alleging prohibited conduct, the investigation or inquiry shall be IMMEDIATELY referred to the Office of Chief Counsel for further action, as required.
G. When it is determined that an inquiry will be conducted, the Director, Equality and Inclusion Office and/or the Commander, EEO Section, shall ensure:
1. An EEO Liaison or other designated person is assigned to initiate the inquiry, which is to be conducted as specified by this regulation and in a manner consistent with all applicable Department policies and procedures.
2. An EEO Section tracking number is assigned to the inquiry and an EEO complaint file is created.
3. The completed inquiry is reviewed to determine if violations of this policy have occurred.
4. The Office of Chief Counsel is consulted to promptly obtain legal advice and assistance in accordance with this regulation.
5. The appropriate confidentiality of all records involving the alleged prohibited conduct is maintained, except as required by law or authorized by the Commissioner.
H. If the alleged offender is not a member or employee of the Department, the appropriate Commander/Director shall notify the Director, Equality and Inclusion Office, or the Commander, EEO Section, of the circumstances. Upon notification, the Director, Equality and Inclusion Office or the Commander, EEO Section, shall consult with the Office of Chief Counsel to determine an appropriate course of action in response to the complaint.
I. Final Determinations:
1. Final determination of all EEO complaints assigned as investigations shall be handled in accordance with AR 4-25, Internal Investigations.
NOTE: The Director, Equality and Inclusion Office shall ensure notification of the outcome of the investigation is provided to the complainant and the alleged offender.
2. Final determination of all EEO complaints assigned as inquiries shall be processed by the EEO Section and adjudicated by the Director, Equality and Inclusion Office or designee, in consultation with the Office of Chief Counsel.
J. Appeals to the Governor’s Office of Administration
1. Complainants who are not satisfied with the determination made regarding their internal EEO Discrimination Complaint may file an appeal with the Governor’s Office of Administration, Bureau of Equal Employment Opportunity Policy and Appeals.
2. The appeal must be in writing and filed within 20 calendar days from the date of the written notification of the outcome of the internal EEO Investigation/Inquiry, preferably on standard form STD-486A, Equal Employment Opportunity Discrimination Appeal Form.
K. Withdrawal of Internal EEO Complaint: Complainants may request to withdraw their internal EEO complaints at any time. Requests for withdrawal of the complaint must be submitted in writing to the Director, Equality and Inclusion Office on standard form STD-486W, Equal Employment Opportunity Discrimination Complaint Withdrawal Form. Depending on the allegations and the circumstances involved, the inquiry or investigation may continue despite the complainant’s request to withdraw their internal EEO complaint. The Equal Employment Opportunity Discrimination Complaint Withdrawal form is available via the PSPiNet, Administrative Center, Equality and Inclusion Office, under the “EEO Documents” link, or by clicking on the following hyperlink: EEO Documents. This form can also be obtained by calling the EEO Section at 717-787-7220, or by contacting an EEO Liaison.
L. Other Avenues of Recourse: Regardless of whether the complainant files an internal complaint with the Department, or at any time during or after the discrimination complaint inquiry/investigation, the complainant may file a complaint with one of the following agencies:
1. The Pennsylvania Human Relations Commission, within 180 days following the date of the alleged occurrence.
a. Harrisburg Regional Office, at 717-787-9780.
b. Philadelphia Regional Office, at 215-560-2496.
c. Pittsburgh Regional Office, at 412-565-5395.
2. The U.S. Equal Employment Opportunity Commission, within 300 days following the date of the alleged occurrence, at 800-669-4000.
3. The State Civil Service Commission, within 20 calendar days of the date of the alleged occurrence, via the Harrisburg Office at 717-783-8806.