10.12

Question 1

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

Answer 1

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.

Question 2

_____ 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.

Answer 2

Managers and supervisors

Question 3

Protected Parties

Answer 3

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

Question 4

______ is defined as pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protective group.

Answer 4

Harassment

Question 5

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 _____ _____ _____

Answer 5

illegality

reasonable person standard.

Question 6

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.

Answer 6

informal

If this approach does not produce effective results, employees may file a formal discrimination complaint.

Question 7

______ 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.

Answer 7

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

Question 8

Two types of sexual harassment

Answer 8

Quid Pro Quo

Hostile Work Environment

Question 9

___ ____ ____ 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.

Answer 9

Quid pro quo

Question 10

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.

Answer 10

Note: Hostile work environment may also occur on the basis of other protected groups (race, disability, national origin)

Question 11

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.

Answer 11

liable

Question 12

Supervisor shall receive sexual harassment training with __ months of promotion, and every __ years thereafter.

Answer 12

6 months

2 years

Question 13

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.

Answer 13

encouraged

Question 14

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:

Answer 14

1. The behavior in question must be of a sexual nature.
2. The behavior must be unwelcome.
3. The behavior must be severe or pervasive enough to create a hostile, intimidating, or offensive work environment.

Question 15

Manages/supervisors have a responsibility to take _______ and _______ action to eliminate such inappropriate or potentially discriminatory behavior.

Answer 15

immediate and appropriate

*3rd party who overhears or sees sexual problem may lodge complaint based on hostile environment

Question 16

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.”

Answer 16

inappropriate.
Likewise, an employee may be charge with “inexcusable neglect of duty” for failure to comply with department policy on this matter.

Question 17

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.

Answer 17

Shall

The CHP 237A is to be retained I the employee’s personnel file until separation from state service.

Question 18

Disabilities goal parity is

Answer 18

16.6%

Question 19

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.

Answer 19

15

Question 20

CHP shall make reasonable accommodation to the known physical or mental limitations of qualified applicant or employee unless they can demonstrate _____ _____.

Answer 20

undue hardship

Question 21

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

Answer 21

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.

Question 22

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.

Answer 22

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.

Question 23

Limited protection for drug and abuse of alcohol =

Answer 23

FEHA

Question 24

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.

Answer 24

Cant ask questions like sick days, if treated for drugs or alcohol, workers comp, Dr visits before a conditional offer has been made.

Question 25

A job interviewer ___ ask questions to determined whether an applicant can perform specific job functions.

Answer 25

May

These questions should focus on the applicant’s ability to perform the job, not on a disability.

Question 26

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.

Answer 26

logical adjustment

This goes from applicant to promotional exams

Question 27

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.

Answer 27

denied

Question 28

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.

Answer 28

163
21 days
2 years

Question 29

EEO counselors who are supervisors must realize their primary role is that of a ________.

Answer 29

supervisor

Question 30

EEO investigators only get the ____, they do not make decisions, or give their judgments.

Answer 30

facts

Question 31

EEO investigators shall be at least __ rank higher than alleged discriminatory employee.

Answer 31

one

Question 32

Federal EEOC =

Answer 32

300 days of last incident

Question 33

Cal State FEH =

Answer 33

365 days of last incident

Question 34

Cal DIR =

Answer 34

180 days from last incident

Question 35

Federal DOL =

Answer 35

180 days of last incident

Question 36

CHP =

Answer 36

11 months of last incident

Question 37

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

Answer 37

20 working
10 working
15 working
10 working
20 working
15 working
30
15

Question 38

To establish a prima facie case of retaliation, an employee must show:
1
2
3

Answer 38

1. Employee engaged in a protected activity
2. The employer subjected employee to an “adverse action”
3. A causal link exists between the protected activity and the adverse action.

Question 39

Cultural awareness training is down bi or annually

Answer 39

annually

Question 40

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

Answer 40

Even

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