RealWorld Training and Consulting

Practical Support for the Changing World at Work 
Linda F. Willing
P.O. Box 148
Grand Lake, CO
80447
970-627-3732
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Consider This...April/May 2004 Issue Number 58

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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Upcoming Events

Networking Women in the Fire Service, the United Kingdom women firefighters' association, is holding their annual conference June 11-13, 2004 at the Fire Service College at Moreton-in-Marsh. Email petra.barneveld@london-fire.gov.uk for more information.

Women Chief Officers Conference November 11-14, 2004, Wyndham Hotel, San Diego. For more information, go to www.womenfireofficers.org

Fire-Rescue International August 12-15, 2004, New Orleans, LA. For more information, go to www.iafc.org

In the News

The Reality of Racism

Chicago has a new fire commissioner, Cortez Trotter, the first African-American to lead the department. What should be an event to celebrate is marred by the circumstances under which Mr. Trotter assumed this position; in recent months, there have been a number of overtly racist actions within the Chicago Fire Department.

First there was the investigation of five racial slurs broadcast over the department radio frequency. Then a department Internet chat room was shut down because of racist postings. Finally, a black battalion chief received a death threat in the mail; a fake news story that described how a battalion chief had been found in a shallow grave with bullets in his chest on June 19th. The date is significant as an annual day of celebration among African-Americans to mark the end of slavery.

Many people prefer to think of racism as something from the past, or as aberrant behavior of a very few. The fact is that progress has been made in race relations in the United States, but much is left to be done. A recent nationwide Gallup poll reported that 55% of those contacted believe that race relations today are either very or somewhat good. Yet that poll also reported that 63% of respondents believe that race relations will always be a problem in this country, a response that was consistent regardless of whether the person answering the question was white, black or Latino. In 1963, only 42% of those surveyed felt similarly when asked the same question.

Perhaps most telling is the gap between the experiences of whites and those of other races regarding day to day activities. Whereas 76% of the white respondents felt that blacks are treated very fairly or somewhat fairly, 49% of blacks reported that they had experienced some form of racial discrimination within the past 30 days.

This disconnect is apparent within the Chicago Fire Department. The president of the Chicago Firefighters Union, who is white, stated that talk of racial tension had been exaggerated, and that such talk was creating a "real misperception." Yet these recent events are not unique in the history of the CFD, and black members also point to the fact that African-American representation on the department has actually decreased in recent years. Today on the CFD, blacks account for 16 of 107 battalion chiefs, 26 of 182 captains, and 94 of 594 lieutenants.

Although the Chicago Fire Department has been in the news lately, other fire departments have similar stories to tell. Perhaps an effort has been made to create more racial equity, but few fire departments truly represent their communities when it comes to race and ethnicity, and conflicts persist among different racial groups within fire departments. The first step to resolving these conflicts is recognizing the reality of the problem.

Sources: ABC7Chicago.com, March 8, 2004
             New York Times, April 2, 2004
             Gallup Poll on Race Relations, published in AARP Magazine, May/June, 2004

 

News Brief

A federal jury in Harrisburg, PA has ordered Federal Express to pay $3.24 million to a former tractor trailer driver who said she had been sexually harassed at work, and had the brakes on her truck sabotaged five different times in an effort to intimidate her. The company was found liable for a hostile work environment and retaliation, and for intentionally inflicting severe emotional distress.

Source: Associated Press, March 1, 2004

Sexual Harassment Update

Free Speech Revisited

How much freedom does the First Amendment guarantee? Quite a lot, as long as certain limits are not crossed.

Consider the case of a San Diego police officer who was fired from his job for making sexually explicit videos and selling them on eBay. The officer did not identify himself as a member of the San Diego Police Department in relation to the videos and used a pseudonym and an address in northern California for his financial transactions. As a member of the department for over seven years, he had no problems and had even received a commendation. He never discussed his off-duty conduct with anyone at work. It was discovered by a supervisor when that supervisor recognized the officer's picture while perusing the adults-only section of eBay sales.

The San Diego PD confronted the officer about the eBay sales, and he admitted what he was doing. The department then ordered the officer to stop his sales activities on eBay, which he did, although he left intact his sales profile and information from previously sold videos. The department then fired the officer, citing failure to comply with orders.

The officer sued the department for violation of his First Amendment right to freedom of expression. He lost in lower court, which stated that his activities were not covered, because they did not "touch on a matter of public concern." The officer appealed to the 9th Circuit Court of Appeals, who reversed and remanded the case, based on their assessment that the officer's activities were in fact covered by the First Amendment. The court stated that the officer's "expressive activities, as crude as they may appear, were directed at a segment of the general public, and did not have any relevance to his employment." The court further cited Supreme Court rulings which state that sexually explicit entertainment that is not obscene and that does not involve children is protected under the First Amendment.

The protections of the First Amendment are very broad. Only six categories of public speech are clearly defined as unprotected: child pornography, imminent incitement, true threats, defined obscenity, libel, and fighting words. Other forms of expression are at least potentially protected depending on the circumstances.

It is important to keep in mind that had the officer identified himself in any way as a member of the San Diego Police Department while engaging in this off-duty conduct, there is a good chance his behavior would not be protected. Employers have considerable power to control work-related behavior, such as the posting of antagonistic messages or the display of provocative symbols (see archives March/April 2004 and July/August 2003). But outrageous or tasteless or even downright offensive as it might be, private expression apart from the workplace receives a high degree of protection in this society.

Source: John Roe v. City of San Diego et al. 9th Circuit Court of Appeals 02-55164

© Linda F. Willing, 2004

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