March/April 2005 Issue Number 69

Is a monthly electronic newsletter which links current events and issues to the daily challenges faced by fire and emergency services managers. Current topics in the areas of leadership development, workplace diversity, change management, and conflict resolution will be discussed.

We hope that you find the information here useful and provocative.
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National Fire Service Staff and Command Course sponsored by Maryland Fire-Rescue Institute. Ocean City, MD, March 9-16, 2005. Linda Willing will be leading one session during this course. Go to www.mfri.org for more information.  

11th International Conference of Fire Service Women March 29-April 3, 2005. Montgomery County, Maryland. Go to www.wfsi.org for more information.  

FDIC (Fire Department Instructors Conference) April 11-16, 2005, Indianapolis, IN. Linda Willing will be presenting a workshop on decision making at this conference.  

FDIC (Fire Department Instructors Conference) West June 4-8, 2005, Los Angeles, CA. Linda Willing will be presenting a workshop on decision making at this conference. (Note that this is a new location and month for this conference).   

Fire-Rescue International August 9-13, 2005 Denver, CO. This is a new location for this conference. Linda Willing will be teaching a pre-conference seminar on August 9th entitled "The Art of Getting Along." Go to www.iafc.org for more information about the conference.

Creative Approaches to Diversity Training  

Many people hate diversity training. Some of the typical complaints are that it is boring, covering the same material year after year. Or that it is polarizing, making white men out to be the bad guys. Or that it is simply irrelevant, discussing issues that do not affect the group that is participating.  

Is it possible to do diversity training in a way that is useful, inclusive, and fresh? Consider the recent initiative of the Chicago Police Department. The CPD has created a series of short videos that deal with religious differences in the community. The videos, each about ten minutes long, go onsite to religious centers in Chicago and interview members of faiths that officers might not have familiarity with. In particular, the videos highlight religious practices that might lead to conflict with police officers, such as the fact that Sikh men often wear small swords under their clothing, or that photography of religious icons is not permitted in Hindu temples.  

All 14,000 police officers are required to watch the five videos. Copies of the videos have also been distributed to police chiefs in the nation's 50 largest cities, as well as to local area police chiefs. The department is planning to commission another set of videos on differences among community ethnic groups.  

Although making professional quality videos may not be possible for many smaller communities, direct contact with diverse community groups is always an option. Public safety personnel can visit schools with diverse student bodies, get involved in mentoring programs, and create space where community groups can use their facilities for meetings or programs. Many fire departments routinely participate in community events such as fairs or parades in older, established neighborhoods, but may not realize that more recent residents in their communities would appreciate the same consideration.  

The goal of diversity training is to increase understanding across differences. When it comes to differences in the community, there is nothing like face to face contact and direct knowledge to break down barriers.  

Source: The New York Times, January 23, 2005  

 

A recent study of over 100,000 high school students found that they felt less strongly about their First Amendment rights than their elders. Whereas 97% of teachers and 99% of principals felt that people should have the right to express unpopular views, only 83% of students agreed. Three-quarters of the students surveyed said they took the First Amendment for granted, or didn't know how they felt about it.  

Source: Associated Press, January 31, 2005  

Assessing Whether Conduct is "Severe and Pervasive"  

Rodrick LeGrand was a neighborhood facilitator for a non-profit organization called Area Resources for Community and Human Services (ARCHS). Mr. LeGrand had two direct supervisors, Lisa Potts and Lucille Walton. In addition, Mr. LeGrand worked with members of the ARCHS board, which included a priest, Father Maurice Nutt.  

In 2001, Mr. LeGrand alleged that Father Nutt made three unwelcome sexual advances toward him, including unwanted physical contact of a sexual nature. Mr. LeGrand reported the first incident to his supervisors in writing, and was subsequently advised to go to an EAP counselor, which he did.  

After the first incident, Mr. LeGrand tried to avoid Father Nutt, but encountered him twice more in subsequent months. On both occasions, Mr. LeGrand said Father Nutt made verbal and physical sexual advances toward him. Father Nutt later admitted to some physical contact with Mr. LeGrand, but said he felt it was mutually welcome.  

Mr. LeGrand filed sexual harassment charges against his employer later that year and went on medical leave after several sessions with an EAP counselor. While Mr. LeGrand was on medical leave, his job was eliminated, although he was later offered a different position, which he refused.  

As a result of Mr. LeGrand's charges filed with the EEOC and the following investigation, Father Nutt was asked to leave the Board of Directors of ARCHS. Ms. Potts and Ms. Walton were also disciplined for not following the organization's sexual harassment policy. However, LeGrand's suit in federal court failed, largely because of two factors: Father Nutt was not Mr. LeGrand's supervisor, and the harassment was not "so severe or pervasive as to alter a term, condition, or privilege of employment."  

Mr. LeGrand appealed the decision to the 8th Circuit Court of Appeals, and lost again. The 8th Circuit Court said, "LeGrand must prove his workplace was permeated with discriminatory intimidation, ridicule, and insult." It further stated that "three isolated incidents, which occurred over a nine month period, were not so severe or pervasive as to poison LeGrand's work environment." In making this decision, the court quoted a previous case which stated, "Sexual standards are demanding; to be actionable, conduct must be extreme and not merely rude or unpleasant."  

This case is another example of the high standards that are used to assess illegal sexual harassment in court. Although employers can impose more stringent internal standards of conduct, the ability to hold employers liable according to federal law can be difficult.  

Source: Rodrick LeGrand v. Area Resources for Community and Human Services 8 th Circuit Court of Appeals, No. 04-1284

© Linda F. Willing, 2005