Chicago Police DepartmentEmployee Resource E01-01
Equal Employment Opportunity Policy
Issue Date:22 August 2017Effective Date:22 August 2017
Rescinds:04 September 2015 Version
Index Category:Employee Rights and Responsibilities
I.Purpose
This directive outlines:
  • A.the Department’s Equal Employment Opportunity (EEO) policy;
  • B.the procedures to be followed in filing complaints of employment discrimination within the Department;
  • C.the procedures available to Department employees and employees of third-party contractors working at Department facilities for bringing complaints of employment discrimination to outside agencies; and
  • D.the range of options available to the Department for addressing complaints of employment discrimination including, but not limited to, formal investigations and discipline up to and including discharge.
II.General
The City of Chicago is an equal employment opportunity employer. City and Department policies prohibit discrimination against employees on the basis of race, color, sex, age, religion, national origin or ancestry, marital status, parental status, sexual orientation, military service, disability, gender identity, and other classifications protected by law. These policies also prohibit discrimination in the form of harassment of an individual on the basis of a protected classification.
III.Policy
  • A.City and Department policies specifically prohibit any form of retaliation against an employee for making or filing internal or external charges or complaints of employment discrimination or for cooperating with any internal investigation or mediation of a complaint. Retaliation includes adverse employment actions taken against an individual in whole or in part because that person either filed a charge of discrimination or participated in the investigation or mediation of that charge.
  • B.Sexual harassment includes any unwelcome sexual advance or request for sexual favors or conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment. This includes using submission to or rejection of such conduct by an individual as the basis of any employment decision affecting the individual. Sexual harassment also includes such conduct when it has the purpose or effect of substantially interfering with the performance of an employee or creates an intimidating, hostile, or offensive work environment. Conduct which can, in certain circumstances, be considered sexual harassment includes but is not limited to sexually suggestive, harassing, or offensive statements; sexually suggestive pictures, drawings, or graffiti; sexually offensive publications; inappropriate gestures, touching, or other physical acts; subtle or direct propositions for sexual favors; and using Department communication systems and computers to send or receive offensive statements, graffiti, pictures, or other offensive materials, whether or not linked to an employment decision.
  • C.Harassment includes conduct that has the purpose or effect of substantially interfering with the work performance of an employee or creating an intimidating, hostile, or offensive work environment. Harassment includes, but is not limited to, offensive statements, gestures, or physical contact; graffiti or offensive written materials; using Department communication systems and computers to send or receive offensive statements, graffiti, pictures, or other offensive materials; and other methods of creating a hostile work environment. The City and the Department prohibit all forms of harassment, including sexual harassment..
  • D.The EEO policies of the City and the Department are more comprehensive than state or federal law. Conduct that does not violate state or federal law may violate these policies and may subject an employee to discipline, up to and including discharge. Therefore, conduct that violates this policy may, or may not, also violate federal or state law, and a finding that an employee has violated this policy is not necessarily a finding that the employee also violated state or federal law.
    NOTE:
    The City and the Department will take immediate and appropriate corrective action when it determines that a violation has occurred. Due to the sensitive nature, all complaints will be investigated with care, and the privacy of the complaining person and the person accused of harassment will be respected to the extent possible. The penalties for violating these equal employment opportunity policies may include suspension and termination.
IV.Equal Employment Opportunity Complaints
  • A.External Complaints of Employment Discrimination
    Discrimination on the basis of protected class status is prohibited by federal and state law, as well as the Municipal Code of Chicago. These statutes and ordinance have established investigative agencies which receive complaints of discrimination, conduct investigations, and bring enforcement actions. Department employees and employees of third-party contractors working at Department facilities are entitled to bring complaints of employment discrimination to such agencies, to bring internal complaints within the Department as described in Item III-B, or both. No provision of this directive shall be construed to prevent any Department member from seeking legal remedy outside the Department.
    • 1.The  Equal Employment Opportunity Commission (EEOC) is responsible for receiving, mediating, and investigating charges of employment discrimination brought under various federal anti-discrimination statutes.
    • 2.The  Illinois Department of Human Rights (IDHR), a state agency, is responsible for receiving and investigating complaints of employment discrimination under the Illinois Human Rights Act. The Illinois Human Rights Act includes a section prohibiting employment discrimination. If the IDHR finds that there is substantial evidence to support a claim of employment discrimination under the Act, the matter then can be filed with the Illinois Human Rights Commission for a full hearing on the merits.
    • 3.The  Chicago Commission on Human Relations (CCHR) is included in a section of the Chicago Human Rights Ordinance. The CCHR is the city agency responsible for receiving and investigating complaints of employment discrimination.
    • 4.The  Cook County Commission on Human Rights (CCCHR) is the county agency responsible for receiving and investigating complaints of employment discrimination. The Cook County Human Rights Ordinance also includes a section prohibiting employment discrimination.
  • B.Internal Complaints of Employment Discrimination
    • 1.A Department member or employee of a third-party contractor working at a Department facility who believes that he or she has been the victim of employment discrimination may bring a complaint to any of the following Department members or offices:
      • a.any CPD supervisor, sworn or civilian;
        NOTE:
        For EEO complaints, Department members and employees of third-party contractors working at Department facilities need not first report the complaint to their immediate supervisor delineated in the Department directive entitled “Complaint and Disciplinary Procedures.”
      • b.the Civilian Office of Police Accountability (COPA);
      • c.the Office of Legal Affairs (OLA); or
      • d.the Bureau of Internal Affairs (BIA).
        NOTE:
        When reporting complaints directly to any supervisor or the Office of Legal Affairs, the complainant will immediately provide a written summary of the alleged incident.
    • 2.The supervisor who first receives the EEO complaint will:
      • a.initiate the complaint disciplinary process and obtain a Complaint Register (CR) number for all employment discrimination complaints, including, but not limited to, incidents of harassment that come to his or her attention, whether or not a complaint has previously been reported or filed with them;
      • b.call COPA to report the complaint. Inform the COPA call-taker that the subject complaint is an EEO complaint;
      • c.record the CR number assigned to the matter by the COPA call-taker on the initiation To-From-Subject report, which is submitted to COPA. Submit a photocopy of this To-From-Subject report to the Office of Legal Affairs, directed to the attention of the EEO Officer ; and
      • d.obtain a complaint log number from COPA and specify that it should not be converted into a CR number until the identity of the complainant is ascertained If the EEO complaint is anonymous.
        NOTE:
        Any supervisor receiving complaints subsequent to an already initiated CR number will contact COPA and prepare a To-From-Subject report using the original CR number and EEO complaint number. This report will only contain information relative to the new allegation. Copies of this report will be forwarded as follows: original to COPA, one copy to BIA, and one copy to the Office of Legal Affairs.
    • 3.The Civilian Office of Police Accountability will follow the normal and customary procedures associated with the registering of a complaint.
    • 4.The Bureau of Internal Affairs
      • a.The Bureau of Internal Affairs (BIA) has primary responsibility for conducting a prompt and thorough investigation of complaints of employment discrimination.
      • b.In addition, BIA will also cooperate with OLA in monitoring pending investigations. If an exempt member (or designee) assigned to the Bureau of Internal Affairs determines that immediate action should be taken during the pendency of the investigation to prevent further discrimination, retaliation, or allegations, he or she will forward that information to OLA for further consideration and response. These actions can include, but are not limited to, appropriate changes in assignments, details, or other nondisciplinary measures.
        NOTE:
        BIA may refer an investigation to another unit of the Department after consultation with the EEO Officer. The decision to refer a complaint for investigation by another division of the Department must take into account the nature of the complaint, the relationship of the complainant to the accused, and other relevant information.
    • 5.The Office of Legal Affairs
      The Office of Legal Affairs (OLA) is responsible for coordinating and monitoring EEO policy, assisting in the investigation, defense of external EEO investigations, and defense of external EEO litigation. In particular, OLA will be responsible for:
      • a.designating one or more persons to act as EEO officers with the responsibility of assigning an EEO Complaint Number to each reported complaint.
      • b.receiving and reviewing copies of all complaints of employment discrimination that are filed directly with OLA. Copies of all complaints filed directly with OLA will be forwarded to COPA so that a Complaint Register investigation may be opened and a EEO Complaint form prepared.
      • c.monitoring Complaint Register investigations by BIA (or the designated referral unit) and considering whether any immediate action should be recommended during the pendency of the investigation to prevent further discrimination, harassment, retaliation, or allegations. These recommendations can include, but are not limited to, appropriate changes in assignments, details, or other non-disciplinary measures. If the EEO officer determines that some action is appropriate, that recommendation will be forwarded to the commanding officer of OLA and the General Counsel to the Superintendent.
      • d.recommending, with the assistance and cooperation of other appropriate units of the Department, training on the provisions and enforcement of the Department’s EEO policy and this directive. OLA also has the authority to consider and recommend other non-investigative methods to increase awareness of the EEO policy and this directive to improve enforcement and compliance.
      • e.monitoring all external complaints and charges of employment discrimination and promptly forwarding such complaints to the City’s Department of Law. The EEO officer will assign an EEO complaint number if a number has not already been assigned. When appropriate, OLA may request that a Complaint Register investigation commence or be reopened upon receipt of an external complaint of employment discrimination. Whether or not an internal investigation is conducted in these circumstances, OLA will monitor the external investigation and recommend action (e.g., reassignment, training), where appropriate.
      • f.tracking all internal and external EEO complaints and related complaint register investigations.
      • g.evaluating and implementing any action necessary to address EEO complaints filed anonymously.
      • h.preparing an annual summary of the EEO complaints filed, complete with a description of the complaint register investigation status of these cases.
      • i.ensuring that an EEO and Complaint Log number is obtained for allegations of discrimination, harassment, or retaliation, in conjunction with the following:
        NOTE:
        Make sure that the Complaint Log number is not converted to a Complaint Register (CR) number.
        • (1)the Department fails to hire an applicant;
        • (2)the Department fails to promote a member;
        • (3)the Department requires the resignation of any member who attains the age of 63;
        • (4)the Department imposes discipline on a member and that discipline is served;
        • (5)the subject matter that is the basis of the allegation is the subject of a pending or resolved case filed at the Chicago Police Board; or
        • (6)the Department discharges a probationary member and, that discharge is already effective.
        NOTE:
        It is the responsibility of the EEO officer to investigate the above allegations and to ascertain the appropriate course of action to be taken by the Department.
V.Management and Labor Affairs Section
Whenever a grievance is filed in which the Department member alleges a violation of the City or Department Equal Employment Opportunity policies, the Management and Labor Affairs Section will promptly forward a copy of the grievance to OLA. OLA will determine if, in addition to being handled as a grievance under the applicable collective bargaining agreement, any other action should be taken pursuant to this directive. This may include opening an EEO file, a Complaint Register investigation, or other appropriate response.
VI.Records Retention
  • A.Reports or other information relative to a discrimination complaint will not be placed in the complainant member’s personnel file.
  • B.The Office of Legal Affairs will maintain EEO investigative files for a period of ten years after resolution of the complaint or longer if subject to pending litigation.
(Items indicated by italic/double underline were added or revised).
Eddie T. Johnson
Superintendent of Police
17-080 JAB
PHONE BOOK:
1.
Equal Employment Opportunity Commission (EEOC)
Chicago District Office: 500 West Madison St, Suite 2800 Chicago, Illinois 60661-2511
800-669-4000
TTY: 800-669-6820
2.
Illinois Department of Human Rights (IDHR)
100 W. Randolph St, James R. Thompson Center, Suite 10-100, Chicago, Illinois 60601
312-814-6200
3.
Chicago Commission on Human Relations
740 North Sedgwick St, third floor, Chicago, Illinois 60610
312-744-4111
4.
Cook County Commission on Human Rights
69 West Washington St, Suite 3040, Chicago, Illinois 60602
312-603-1100
GLOSSARY TERMS:
1. -
An adverse action by a Department member which is motivated to adversely impact a member because of his race, color, sex, age, religion, national origin, ancestry, marital status, parental status, sexual orientation, status of military discharge, gender identity, or disability or other such classifications.
2. -
One's inclusion in one or more category of discrimination that is prohibited by law and/or policy. These categories are race, color, sex, age, religion, national origin or ancestry, marital status, parental status, sexual orientation, military service, disability, gender identity, or other such classification as defined by law.
3. -
A member of the Department’s Office of Legal Affairs (OLA), designated by the commanding officer of the OLA and charged with the duties of managing and auditing EEO (Equal Employment Opportunity) violations and discrimination complaints, forwarding recommendations for Department in-service training, coordinating resolutions of EEO complaints and interacting with the appropriate members of the Departments of Personnel and Law.