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

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

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.

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.

Protected class status: An individual’s race, ethnicity, color, national origin, ancestry, immigration status, gender identity or expression, age, creed, religion, sexual orientation, marital status, parental 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.

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.

Note: This definition covers ADH&R-related retaliation. P&P 2-106 covers retaliation that falls outside the scope of the City’s ADH&R policy.

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.

Note: MPD policy includes in its definition of sexual harassment conduct directed at an individual because of gender even though no behavior of a sexual nature occurred.

1. Discrimination, Harassment, and retaliation in the workplace are unacceptable and will not be condoned or tolerated. Every employee has a responsibility to comply with the City of Minneapolis’ Anti-Discrimination, Harassment and Retaliation Policy (“ADH&R Policy”).
2. In addition to violating the City’s and MPD’s policies, 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 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 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 employees who feel they have been subjected to discrimination, harassment, or retaliation, or who have knowledge of, or believe that discrimination, harassment, or retaliation has occurred, or is occurring within City government, to report these concerns to the Human Resources Department.

1. 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 discrimination, harassment, and ADH&R-related retaliation.

2. MPD Internal Affairs may investigate the complaint involving MPD employees 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 employees may assist Human Resources as requested by Human Resources or as determined by the Chief of Police.

2. 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.

3. Complaint Reporting

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

2. Supervisors who become aware of discrimination, harassment, or retaliation, or who receive a complaint of 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 employees shall immediately refer any threats, complaints of a criminal nature, or other attempts at retaliation for reporting 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.

4. Correspondence to Be Kept Confidential

All correspondence on 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.