2-105 - Anti-Discrimination, Harassment, and Retaliation

The City of Minneapolis and the MPD are committed to providing members a work environment free from workplace discrimination, sexual harassment and other forms of workplace harassment, and workplace retaliation.

1. This policy applies to all forms of workplace discrimination, harassment, and retaliation, including conduct based on a person’s protected class status.
2. Workplace discrimination, harassment, and retaliation in the workplace are unacceptable and will not be condoned or tolerated. Every member has a responsibility to comply with the City of Minneapolis’ Anti-Discrimination, Harassment and Retaliation Policy (“ADH&R Policy”).
3. In addition to violating the City’s and MPD’s policies, workplace discrimination, harassment, and retaliation may be a violation of Federal and State laws as well as the Minneapolis Civil Rights ordinance, and may expose not only the City, but also individuals, to significant liability under the law.

3. Acts of workplace discrimination, harassment, and retaliation are forms of serious misconduct and will result in investigation and may result in disciplinary action, up to and including termination.
4. Supervisors are held to a higher standard of conduct and shall be subject to a higher level of discipline for engaging in any form of workplace discrimination, harassment, or retaliation, or for failing to enforce the Anti-Discrimination, Harassment and Retaliation Policy (“ADH&R Policy”).
5. It is the policy of the City of Minneapolis to encourage members who feel they have been subjected to workplace discrimination, harassment, or retaliation, or who have knowledge of, or believe that workplace discrimination, harassment, or retaliation has occurred, or is occurring within City government, to report these concerns to the Human Resources Department.

Investigative Authority

1. The Human Resources Department is the main investigative authority for all complaints alleging a violation of the City’s ADH&R Policy, and is obligated to promptly and thoroughly investigate all such claims of workplace discrimination, harassment, and ADH&R-related retaliation.

2. MPD Internal Affairs may investigate the complaint involving MPD members as requested by, in conjunction with, or separately from the City’s Human Resource Department.
3. The Commander of Internal Affairs or the Commander’s designee shall serve as the MPD’s liaison to Human Resources for complaints which are based on an alleged violation of the City’s ADH&R policy.
4. Other members may assist Human Resources as requested by Human Resources or as determined by the Chief of Police.

Investigative Process

1. Each investigative body has the responsibility for documenting their own investigative process.

2. The Human Resources investigative process will comply with procedures established by the Human Resources Department and the City’s ADH&R policy.
3. The complainant and subject of the investigation will be informed of the status by either Human Resources or the Minneapolis Police Department.

Complaint Reporting

1. The Human Resources Department is the first contact for all workplace discrimination, harassment, and retaliation complaints.

2. Supervisors who become aware of workplace discrimination, harassment, or retaliation, or who receive a complaint of workplace discrimination, harassment, or retaliation shall take immediate action.

1. In all cases supervisors shall document the information on the alleged incident and forward it to Human Resources, with a copy to Internal Affairs.
2. All documentation shall include, but not be limited to: the complaint activity, time, place, persons involved, witnesses, and supervisor’s response.

3. Managers, supervisors and all members shall immediately refer any threats, complaints of a criminal nature, or other attempts at workplace retaliation for reporting workplace discrimination or harassment to Human Resources and Internal Affairs.

1. If the Human Resources supervisor or an Internal Affairs investigator is not available, the Watch Commander shall be notified.
2. Watch Commanders shall take immediate action (e.g. separate parties) if the situation warrants. The Watch Commander shall document the incident and their response, and shall forward the documentation to Human Resources and Internal Affairs prior to the end of their shift.

Correspondence to Be Kept Confidential

All correspondence on workplace discrimination, harassment, and retaliation complaints is to be kept confidential with only the involved parties and those determined to have a need to know being notified.

• Investigation: A structured process of gathering, examining, and evaluating facts and evidence to determine what occurred, assess compliance with laws and policies, and support appropriate actions or decisions.
• Protected Class Status: Protected classes and statuses include race, ethnicity, color, national origin, ancestry, immigration status, sex, gender identity or expression, age, creed, religion, sexual orientation, marital status, parental status or familial status, disability (including pregnancy), genetic information, veteran's status, status with regard to public assistance, and any other protected class status under state, federal, and local laws.
• Sexual Harassment:

  Any unwelcome sexual advances, request for sexual favors, or other verbal or physical acts of a sexual nature when:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
  • Submission to or rejection of such conduct by an individual is used as basis for employment decisions affecting such individual; or
  • 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.
• Workplace Discrimination: Conduct that interferes with or alters the terms or conditions of a person's employment based on the employee's protected class status, unless otherwise permitted or required by applicable law.
• Workplace Discrimination, Harassment, and Retaliation:

  Conduct that includes workplace discrimination, workplace harassment, or workplace retaliation.

  • Workplace Discrimination: Conduct that interferes with or alters the terms or conditions of a person’s employment based on the member’s protected class status, unless otherwise permitted or required by applicable law.
  • Workplace Harassment: Any unwelcome communication or other activity that occurs based upon a person’s protected class status which unreasonably interferes with the person’s ability to perform their job or creates a hostile, threatening, or intimidating work environment.
  • Workplace Retaliation: The imposition of adverse job consequences on a member because the member initiated or participated in an investigation of a bona fide discrimination, harassment, or retaliation complaint.

  Note: This definition covers ADH&R-related retaliation. P&P 2-105 covers retaliation that falls outside the scope of the City’s ADH&R policy.

• Workplace Harassment: Any unwelcome communication or other activity that occurs based upon an individual's protected class status which unreasonably interferes with the person's ability to perform their job or creates a hostile, threatening, or intimidating work environment.
• Workplace Retaliation: The imposition of adverse job consequences on an individual because the employee initiated or participated in an investigation of a bona fide discrimination, harassment, or retaliation complaint.