10.12 Flashcards
EEO Manual
The CHP has implemented an EEO Program to ensure equal opportunity for applicant and employees at ________________. This is accomplished in compliance with the ____________, and other related state and federal civil rights laws.
all efforts to provide equal opportunity in employment practices will be made on basis of merit, efficiency, and fitness consistent with state civil service and merit system principles
all levels in testing, hiring, training, promotion, and other benefits and privileges extended through employment.
Civil Rights Act of 1964, the CA Fair Employment and Housing Act.
_____ and _______ are responsible for maintaining a work environment free of discrimination and harassment and for providing reasonable accommodation to qualified employees with disabilities to assist them with performing the essential function of their positions.
Managers and supervisors
Protected Parties
Age (40 or over State) (40-70 Fed) Ancestry Color Disability Gender Gender expression Genetic info Martial Status Medical condition National Origin Political Affiliation Race Religion Retaliation Sex Sexual Orientation Veteran status
______ is defined as pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protective group.
Harassment
Harassment reaches the level of _______ when the conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to be consider hostile, intimidating, or abusive; as measured by the _____ _____ _____
illegality
reasonable person standard.
Employees who feel they are victims of discrimination should seek _____ assistance and counseling from an equal employment opportunity counselor or appropriate supervisor and or management personnel.
informal
If this approach does not produce effective results, employees may file a formal discrimination complaint.
______ harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when the conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.
Sexual
Both victim and harasser can be either a woman or man and the victim and harasser can be the same sex.
Sexual harassment can include anyone, not just employees
Two types of sexual harassment
Quid Pro Quo
Hostile Work Environment
___ ____ ____ harassment occurs when, “submission to or rejection of (unwelcome sexual) conduct by an individual is used as the basis for employment decisions affecting that individual, “ per EEOC guidelines.
Quid pro quo
Hostile work environment claim occurs when unwelcome sexual conduct unreasonably interferes with an individual’s job performance or creates an intimidating hostile, or offensive working environment, even if it does not lead to tangible or economic consequences.
Note: Hostile work environment may also occur on the basis of other protected groups (race, disability, national origin)
If the manager or supervisor knows or should have known of such acts, and fails to take timely and appropriate action the Depart may be held _____ for the inactions of that manager/supervisor.
liable
Supervisor shall receive sexual harassment training with __ months of promotion, and every __ years thereafter.
6 months
2 years
Employees who feel they are victims of sexual harassment are _______ to inform the individual their behavior is unwelcome, offensive, in poor taste, or highly inappropriate; however, victims are not required to do so by policy or law.
encouraged
In order for conduct to be determined to have created an intimidating, hostile, or offensive work environment based on sexual harassment, the following three criteria must exist:
- The behavior in question must be of a sexual nature.
- The behavior must be unwelcome.
- The behavior must be severe or pervasive enough to create a hostile, intimidating, or offensive work environment.
Manages/supervisors have a responsibility to take _______ and _______ action to eliminate such inappropriate or potentially discriminatory behavior.
immediate and appropriate
*3rd party who overhears or sees sexual problem may lodge complaint based on hostile environment
Conduct which does not constitute sexual harassment, but is ________ for the workplace may be censured pursuant to GC Section 19572 (m), which states an employee may be disciplined for, among other reasons, “discourteous treatment of the public or other employees.”
inappropriate.
Likewise, an employee may be charge with “inexcusable neglect of duty” for failure to comply with department policy on this matter.
Supervisor (shall or should) have employees initial and sign a CHP 237A (Sexual Harassment Prevention and Discrimination Policy Admonition) during the employees annual review or after any training on these policies.
Shall
The CHP 237A is to be retained I the employee’s personnel file until separation from state service.
Disabilities goal parity is
16.6%
ADA prohibits discrimination in employment against persons with disabilities for all employees, both in the public and private sector, who have over ___ employees, regardless of governmental funding.
15
CHP shall make reasonable accommodation to the known physical or mental limitations of qualified applicant or employee unless they can demonstrate _____ _____.
undue hardship
For the purposes of participation in the Department’s Persons with Disabilities Program, as well as entitlement to reasonable accommodation, a person with a disability is someone who: This could be perceived or actual
Has a physical or mental impairment which limits one or more of that person’s major live activities.
Note: A physical or mental impairment does not constitute a disability unless it results in a limitation of one or more major life activities.
Limits = difficulty in achieving a major life activity due to the physical or mental condition
Major life activities = caring for one’s self, performing essential tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
For employment purposes, a person with a disability must be qualified to perform the essential function’s of the position they are seeking, wants to retain, wants to transfer to, or wants to promote to, whether or not a reasonable accommodation is implemented.
In other words, a qualified person with a disability is anyone wit a disability who possesses the requisite skill, experience, education, and other job related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of the position.
Limited protection for drug and abuse of alcohol =
FEHA
Federal and state laws prohibit the Department from making inquiries into an applicant’s medical status/history prior to making a conditional offer of employment.
Cant ask questions like sick days, if treated for drugs or alcohol, workers comp, Dr visits before a conditional offer has been made.
A job interviewer ___ ask questions to determined whether an applicant can perform specific job functions.
May
These questions should focus on the applicant’s ability to perform the job, not on a disability.
Reasonable accommodation has been commonly defined as a _____ ______ made to a job and or the work environment which enables a qualified person with a disability to perform the essential duties of their position.
logical adjustment
This goes from applicant to promotional exams
Requests for reasonable accommodation can be _____ if they request would cause an undue hardship on the operation of departmental programs or if it can be shown that the person would pose a direct threat to the health or safety of themselves or others.
denied
In almost all situations, a completed CHP ___ is considered a medical document because it normally contains information related to physical or mental disabilities. Employees may need to provide medical substantiation for the accommodation with __ days.
CHP 163 will be kept for __ years after decision.
163
21 days
2 years
EEO counselors who are supervisors must realize their primary role is that of a ________.
supervisor
EEO investigators only get the ____, they do not make decisions, or give their judgments.
facts
EEO investigators shall be at least __ rank higher than alleged discriminatory employee.
one
Federal EEOC =
300 days of last incident
Cal State FEH =
365 days of last incident
Cal DIR =
180 days from last incident
Federal DOL =
180 days of last incident
CHP =
11 months of last incident
Complaint contacts EEO counselor and within __ ____ days, the counselor provide employee with written report.
The employee can then file complaint with division chief within ___ ____ days of the report.
Chief give determination to employee within ___ _____ days of approval. E
Employee may then file appeal a /c within ___ _____ days.
A / C submits recommendation to Comis within __ ___ days. Comis submits decision to employee within __ ____ days.
Then employee can file complaint with SPB. SPB is final level of appeal for EEO complaint process with CHP Appeal for SPB is ___ days for AA and __ days for rejection during probation
20 working 10 working 15 working 10 working 20 working 15 working 30 15
To establish a prima facie case of retaliation, an employee must show:
1
2
3
- Employee engaged in a protected activity
- The employer subjected employee to an “adverse action”
- A causal link exists between the protected activity and the adverse action.
Cultural awareness training is down bi or annually
annually
Language surverys are done October 1st of (even or odd) numbered years. Retained for ___ months
5% or more shall have bilingual
2.5% may have bilingual with commis approval
Even
36
