A Fresno, California police lieutenant filed a federal lawsuit and alleged the president of the Fresno Police Officers Association, Brandon Wiemiller, sexually harassed her for years and then retaliated against her when she rejected his advances.

Lt. Jennifer West sued in U.S. District Court in Fresno, and alleged Wiemiller sent her repeated unwanted text messages and made comments with sexual overtones, including remarks about her appearance and invitations to meet alone outside of work.

West further alleged the behavior began after she joined the union board in 2018 and continued even after she told him to stop. She alleges Wiemiller's conduct and the hostile work environment violated federal and state anti-discrimination laws.

The complaint further asserts retaliation in that after West rebuffed Wiemiller and later reported his conduct, Wiemiller tried to remove her from union leadership positions, undermined her reputation, and opposed her efforts to become the union's first female president.

The lawsuit names Wiemiller, the Fresno Police Officers Association, and the City of Fresno as defendants and seeks damages, policy changes, and training aimed at preventing sexual harassment within the department and the union. Fresno city officials and the union have stated that they are aware of the lawsuit and that the allegations will be addressed through the legal process.

Source: https://www.fresnobee.com/news/local/article314508224.html

Commentary

In the above matter, the nonprofit association finds itself in litigation because of the actions of one of its members.

Nonprofits that rely on close teamwork and mission-driven culture, like an officers association, , can be particularly vulnerable to employees excusing or minimizing boundary crossings.

To prevent sexual harassment, leaders must make clear that when an employee tells a peer or supervisor to stop a comment, touch, message, or nickname, that statement is strong evidence that the behavior is unwelcome and must not continue.

Harassment laws do not require a victim to use specific legal words; any direct request to stop or indication of discomfort signals that further similar conduct may create a hostile environment and trigger organizational and legal liability.

Effective sexual harassment and boundaries training for staff, volunteers, and board members should therefore teach practical language employees can use to set limits, reinforce that consent can be revoked at any time even if interactions previously felt comfortable or were actually welcomed, and emphasize that everyone has a responsibility to respect those boundaries.

Training should also explain how to report concerns when a "please stop" is ignored, outline anti-retaliation protections, and apply the rules equally to supervisors, coworkers, volunteers, donors, and community partners so that informal power dynamics, common in nonprofits, do not silence complaints.

Below are some tips on preventing sexual harassment risk:

• Incorporate into your mission that workplace participants be treated equally, fairly, and respectfully
• Establish policies, procedures, and standards that promote equality, require civility, and respect boundaries and adhere to policies, including policies that prohibit sexual harassment
• Enforce your organization's policies, procedures, and standards, including those that prohibit sexual harassment
• Encourage all workplace participants to report sexual harassment that they view, discover or reasonably suspect is occurring
• Avoid hiring or selecting applicants or workers with a history of sexual harassment
• When hiring require work and personal references and ask the references if the applicant has a history of sexual harassment, sexual harassment complaints, uncivil or disrespectful behavior, and/or ignoring boundaries. If the answer is yes, move onto another applicant
• Review the public social media pages of applicants to determine if they engage others in a civil and respectful manner and if they respect the boundaries of others
• Make certain all workplace participants go through an orientation program, which includes policies prohibiting discrimination and harassment
• Discipline any employee - regardless of title, status, or duties - who engages in, encourages, or promotes sexual harassment, is uncivil to workplace participants, and/or ignores boundaries of others and/or the organization
• Discipline any employee - regardless of title, status, or duties - who makes a knowingly false claim of sexual harassment
• Make certain all terminations are based on provable and documented objective factors, related to job performance, and not based on subjective, arbitrary, or illegal factors, including terminations for reporting, complaining, and/or providing testimony about sexual harassment
• Make certain that new leadership treats existing employees equally, fairly, and legally prior to hire or transfer and does not have a history of sexual harassment, sexual harassment complaints, uncivil or disrespectful behavior, and/or complaints regarding respecting boundaries of others
• Document all actions related to termination or discipline of workers, including workers accused of sexual harassment
• Require all workplace participants to take sexual harassment prevention training in a language they understand
• Require all workers to take diversity equality and inclusion and civility training in a language the trainee can understand
• Provide several safe and effective means for workplace participants to report sexual harassment
• Consider prohibiting sexual and/or intimate relationships between coworkers
• Clearly communicate, through policies, procedures and postings, the means and process by which workplace participants can report sexual harassment
• Allow for a means by which workplace participants can report sexual harassment anonymously without fear of retaliation
• Investigate all reports and reasonable suspicions of sexual harassment in a thorough, prompt, and objective manner
• Consider the use of third-party investigators for sexual harassment investigations that involve executive management, more than one complainant, charges of sexual assault or abuse or where there is a conflict of interest with investigators that are workplace participants
• Prohibit retaliation against workplace participants who report or complain about sexual harassment or who are involved in investigations regarding sexual harassment
• Provide a safe and effective means for workplace participants, who report or complain about sexual harassment or who are involved in investigations regarding