10.12 AA/EEO planning manual

Question 1

All managers and supervisors are responsible and
accountable to the appropriate ___________ for personnel practices consistent
with the Department’s EEO Program

Answer 1

Division Chief

10.12 Ch1

Question 2

Managers and supervisors should/shall be familiar
with EEO policies and should/shall ensure the dissemination of EEO Program information
to all employees within their command

Answer 2

shall/shall

10.12 Ch1

Question 3

it is the responsibility of all managers and supervisors to support, implement, and facilitate the Department’s
EEO policy, and to ensure ______, _______, _______, and _______ of personnel
is conducted consistent with policy.

Answer 3

hiring, promotion, assignment, and training

10.12 Ch1

Question 4

Harassment is defined as

Answer 4

pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected group

10.12 Ch2

Question 5

Harassment reaches the
level of illegality when

Answer 5

the conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to be considered hostile, intimidating, or abusive; as measured by the reasonable person standard.

10.12 Ch2

Question 6

Conduct and behavior may not be considered harassment if a _____ would not find the action offensive

Answer 6

reasonable person

10.12 Ch2

Question 7

An employee who engages in unlawful harassment of a coworker is personally liable for the harassment regardless of whether the employer knew or should have
known of the conduct and/or failed to take appropriate corrective action true/false

Answer 7

true

10.12 Ch2

Question 8

Does the Department’s discrimination prohibition include unpaid interns or other programs designed to provide unpaid work experience?

Answer 8

Yes

10.12 Ch2

Question 9

It is the Department’s obligation to…

Answer 9

to protect the rights of employees and resolve
issues at the lowest possible level

10.12 ch2

Question 10

Sexual harassment is a form of sex discrimination true/false

Answer 10

true

ch3

Question 11

Sexual harassment includes…

Answer 11

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

ch3

Question 12

Sexual harassment is defined as:

Answer 12

unsolicited and unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a
sexual nature

ch3

Question 13

Courts have recognized two types of sexual
harassment under federal and state law?

Answer 13

quid pro quo and hostile
work environment

ch3

Question 14

May both quid pro quo and hostile work environment harassment occasionally exist
in the same case?

Answer 14

yes, both may be found where an employee is passed over for promotion for rejecting their supervisor’s sexual advances and is also
subjected to a sexually hostile work environment by pervasive and ongoing sexual jokes, improper touching, and sexual innuendo by other workers

ch3

Question 15

When may the Department be held liable for the inactions of a manager/supervisor?

Answer 15

If the manager or
supervisor knows or should have known of such acts, and fails to take timely and appropriate action

ch3

Question 16

What are the four responsibilities for Managers regarding EEO issues?

Answer 16

(1) Take immediate action when potential issues are observed or brought to
their attention.
(2) Ensure incidents of sexual harassment, when observed by or brought to
the attention of supervisory personnel, shall be given serious attention, and ensure timely and appropriate corrective action is taken to remedy the situation.
(3) Assure a favorable working atmosphere free from sexual harassment and other discriminatory practices for all employees.
(4) Maintain a businesslike working environment and assures fair, courteous
treatment for our employees and the public we serve.

ch3

Question 17

In determining whether unwelcome sexual conduct rises to the level of a hostile environment, as defined in Title VII, the central issue is?

Answer 17

whether the conduct
unreasonably interferes with an individual’s work performance or creates an
intimidating, hostile, or offensive work environment

ch3

Question 18

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 18

(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.

ch3

Question 19

The conduct alleged to be sexual harassment must be

Answer 19

unwelcome

ch3

Question 20

Sexual conduct only becomes unlawful when it is

Answer 20

unwelcome

ch3

Question 21

Although the victim does not necessarily have to confront the
harasser, the victim must

Answer 21

demonstrate in some manner the behavior was
unwelcome

ch3

Question 22

The court presented the following (4)
rules for evaluating allegations of hostile environment sexual harassment in accordance with the newly revised reasonable woman standard:

Answer 22

1 The focus should be based on the perspective of the victim;
2 An understanding of the victim’s perspective requires an analysis of the different perspectives of men and women:
3 An employee may state a case of hostile environment (sexual harassment) by alleging conduct that a reasonable person would
consider sufficiently severe, but this does not mean the employer must accommodate the idiosyncrasies of the rare hypersensitive employee; and,
4 The standard is not static but will change as the views of reasonable women change over time.

ch3

Question 23

Regarding an individual’s inappropriate conduct that may not have yet risen to
the level of being severe or pervasive enough to have created a hostile
work environment Managers/supervisors have a responsibility to

Answer 23

take immediate and appropriate action to eliminate such inappropriate or potentially discriminatory behavior(s).

ch3

Question 24

May an employee be charged with “inexcusable neglect of duty” for failure for conduct which does not constitute sexual harassment, but is inappropriate
for the workplace?

Answer 24

Yes

ch3

Question 25

Single incidents of sexual conduct (e.g., jokes, comments) perpetrated by a supervisor or manager will carry much greater weight toward establishing
a hostile, intimidating, or offensive working environment than similar
conduct by a peer of the victim. true/false

Answer 25

true

ch3

Question 26

A third party who is present and is
indirectly subjected to sexual behavior, such as seeing inappropriate
touching or sexual items, or hearing jokes of a sexual nature directed
towards another employee, may lodge a complaint of sexual harassment based on hostile environment. true/false

Answer 26

true

ch3

Question 27

is there is a greater responsibility for expressing unwelcomeness in cases where the employee first willingly participates in conduct of a sexual nature, but then ceases this participation and claims any continued sexual conduct has created a hostile environment?

Answer 27

yes, an employee in
this situation bears the burden of showing that further conduct is unwelcome, work related
harassment

ch3

Question 28

Incidents of sexual harassment can lead to (5):

Answer 28

(1) Disciplinary sanctions;
(2) Workers’ compensation claims;
(3) Reinstatement costs and back pay;
(4) Civil liability and compensatory damage awards; and,
(5) Discredit to the Department.

ch3

Question 29

The Department’s Persons with Disabilities Program has what two major objectives to ensure compliance with federal and state laws?

Answer 29

1 to reach, attract,
and employ qualified persons with disabilities into the Department at a level commensurate with their representation in the California labor force
2 to ensure all qualified individuals with physical and/or mental disabilities have access to any programs, services, and/or activities under the jurisdiction of the
Department for which they are eligible
ch4

Question 30

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:

Answer 30

Has a physical or mental impairment which limits one or more of that
person’s major life activities.

ch4

Question 31

Reasonable accommodation has been commonly defined as

Answer 31

a logical adjustment 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.

ch5

Question 32

Commanders, managers, and supervisors are required to engage in the
interactive process whenever a request for reasonable accommodation is presented or
discussed. true/false

Answer 32

true

ch5

Question 33

Each manager/supervisor is responsible for assuring
their activities convey a commitment to the interactive process when responding to
requests for reasonable accommodation. Managers/supervisors shall (5):

Answer 33

(1) Gather all applicable documentation required to allow commanders to
make informed decisions to approve or deny a request.
(2) Communicate with employees and emphasize the Department’s need to
evaluate medical substantiation and postpone a decision in situations when
documentation does not support a requested accommodation until all
applicable documents and alternatives are evaluated.
(3) Maintain appropriate records in separate files (personnel and medical). In
almost all situations, a completed CHP 163 is considered a medical document because it normally contains information related to physical or mental
disabilities.
(4) Maintain confidentiality of individual requests and responses to reasonable
accommodation requests. This includes responding to other employees who
express concerns they are not being treated equally by managerial actions
allowed for a specific employee, but not for them.
(5) Ensure all requests for reasonable accommodations are in writing. Departmental procedures require employees/applicants to complete a CHP 163 for such requests. Should an individual not complete, or is not capable of completing a CHP 163, the manager/supervisor may need to complete the
request on behalf of the employee/applicant.

ch5

Question 34

Employment laws assume the individual employee or applicant will make known to the employer their specific needs to perform essential functions. Employees/applicants are required to (2):

Answer 34

(1) Complete a CHP 163 to document specific needs or modifications to allow
the individual to perform the essential functions of the position.
(2) Provide medical substantiation to support the reasonable accommodation
request. Notification should include the use of prescribed medication which may affect the employee’s abilities to perform the essential functions.

ch5

Question 35

There are five basic types of reasonable accommodation requests to which the Department must respond. They
are (5):

Answer 35

(1) Requests for accommodation in the civil service examination process, including the job interview stage, which allow a candidate with a disability to compete with nondisabled candidates as equally as possible;
(2) Requests for accommodation to allow a person with a disability to perform the essential duties of the job to which they were newly hired or transferred;
(3) Requests for accommodation to allow an employee with a disability to continue to perform the duties of their current position;
(4) Requests for accommodation to allow an employee with a disability to participate in training activities available to nondisabled employees for job improvement and self-development; and,
(5) Requests for accommodation to allow an employee with a disability to have equal access to services and privileges afforded to nondisabled
employees.

ch5

Question 36

All relevant medical information requested by the responding commander shall
be provided by the employee/applicant within _____ days of the request.

Answer 36

21 calendar

ch5

Question 37

All employees/applicants are assured of the
following rights when filing internal complaints of discrimination (9 `shortened):

Answer 37

(1) The right to a full, impartial, and prompt investigation by a trained
departmental EEO investigator
(2) The right to be assisted by a representative of their own choosing at all
stages of the process.
(3) A list of EEO counselors
(4) The right to a reasonable amount of work time (employees only) to make
an informal presentation of their complaint to an EEO counselor.
(5) The right to remain anonymous
(6) The right to file directly with the Division chief
(7) The right to file an appeal of the Division chief’s determination with the
appropriate Assistant Commissioner
(8) The right to freedom from restraint, interference, coercion, or reprisal for
having filed a complaint or having been involved in the complaint process
(9) The right to file concurrent complaints with EEOC, DFEH, or to file a civil
action

ch6

Question 38

All employees are assured of the following rights
when filing external complaints of discrimination (3):

Answer 38

(1) The right to a full, impartial, and prompt investigation by a trained
departmental EEO investigator.
(2) The right to be assisted by a representative of their own choosing during
the investigative interview.
(3) The right to freedom from restraint, interference, coercion, or reprisal.

ch6

Question 39

If any employee believes they have been discriminated against and brings it to the attention of a supervisor and/or manager but does not wish to file a discrimination complaint, the supervisor/manager should/shall notify the affected commander.

Answer 39

shall

ch6

Question 40

The supervisor/manager is legally obligated to ensure

Answer 40

the work environment is free of discrimination.

ch6

Question 41

If the allegation could result in adverse action, _____ must be observed

Answer 41

POBR

ch6

Question 42

What is the standard used for evaluating the weight of the evidence?

Answer 42

Preponderance of Evidence.

ch7

Question 43

To establish a prima facie case of retaliation, an employee must show (3):

Answer 43

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

ch8

Question 44

In EEO terms, an “adverse action” is defined as:

Answer 44

an action taken to try and keep someone from opposing a discrimination
practice, or from participating in an employment discrimination proceeding