10.12 Affirmative Action/ Equal Employment Opportunities Flashcards
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In order to receive bi-lingual pay an employee must use their skill ____ % of the work time
10 %
What are the Protected Categories in EEO
to race, color, religion, national origin, ancestry, age,
(includes sexual harassment), physical or mental disability, political
affiliation/opinion, marital status, sexual orientation, or medical condition.
a person with a disability is someone who has a physical or mental impairment which limits one or more of that person’s major life activities; has a record of such impairment; or is regarded as having such an impairment.
T or F
True
. Sexual harassment is defined as unsolicited and unwelcome sexual advances, requests for sexual favors, and other
verbal, physical, or visual conduct of a sexual nature which occur when:
T or F
True
Courts have recognized two types of sexual harassment under federal and state law. These include “____ ______ ______” harassment and “_______ _________ _______” harassment.
Quid Quo Pro and Hostile Work Environment
_____ _____ ______harassment occurs when, “submission to or rejection of (unwelcome sexual) conduct by an i
ndividual is used as the basis for employment decisions affecting that individual,” per EEOC guidelines.
Quid Quo Pro
______ ________ ________ claim may arise where 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.
Hostile Work Environment
Hostile work environment may also occur on the basis of other protected characteristics, such as; race, disability, national origin, etc.
T or F
True
for sexual harassment to violate Title VII, it must be “sufficiently ______ or _________ to alter the conditions of[the victim’s] employment and create an abusive working environment.”
Severe. Pervasive
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:
Sexual in nature
The behavior must be unwelcome.
The behavior must be severe or pervasive enough to create a hostile, intimidating, or offensive work environment.
if an employee participates in conduct of a sexual nature, he/she cannot simply claim later that continued sexual conduct created a hostile work environment. An employee in this situation bears the burden of showing that further conduct is unwelcome, work-related harassment. To do so, the employee must clearly notify the individual that the conduct is no
longer welcome.
T or F
true
Unless the conduct being alleged as sexual harassment is quite severe, a single incident, or isolated in
cidents of offensive sexual conduct or remarks generally does or does not create an abusive environment.
Does not
Single incidents of sexual conduct (jokes, comments, etc.) 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
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, could lodge a complaint of sexual harassment
based on hostile environment.
T or F
True
Types of sexual harassment?
Written Verbal Visual Physical Other
“Hostile environment” harassment takes a variety of forms. Therefore, it is necessary to
consider several factors including, but not limited to:
(1) Whether the conduct was verbal or physical, or both;
(2) How frequently it was repeated;
(3) Whether the conduct was hostile and patently offensive;
(4) Whether the alleged harasser was a co-worker, a supervisor, or a non-employee;
(5) Whether others joined in perpetrating the harassment;
(6) Whether the harassment was directed at more than one individual.
Incidents of sexual harassment can lead to:
(1) Disciplinary sanctions.
(2) Workers’ compensation claims.
(3) Reinstatement costs, back pay,
and compensatory damage awards.
(4) Embarrassment and negative publicity.
If a complainant believes he/she has been discriminated against, he/she may/may not bypass the Department’s Internal Discrimination Complaint Process
May
A grievance is defined as:
A dispute involving the interpretation,application, or enforcement of the expressed terms of respective bargaining unit agreement(s).
A complaint is defined as:
A dispute involving the application or interpretation of existing written departmental rule and/or policy.
when filing internal complaints of discrimination the employ shall be notified of findings within ______ days.
5
The affected commander will consider a reasonable accommodation request and will render a decision within 10, 5 20 working days of having received the written request by completing his/her portion of the CHP 163, Reasonable Accommodation Request.
10
Discrimination complaints are kept by EEOU for how long
5 years from resolution
Complaints of discrimination the complainee may remain anonymous until what 2 times
He/she elects or a formal written complaint is filed on CHP 612
EEO training program
A Equal Employment Opportunity Training for Staff.
B Diversity training
C Sexual Harassment Training.
D Equal Employment Opportunity Counselor Presentations.
EEO Program
1. Provide equal Opportunities for all
2. Harassment under any of the classes and Retaliation for filing complaint prohibited
3. Managers and supervisors are responsible for maintaining a work environment free of discrimination and harassment and for providing reasonable accommodation
4. Process for employees and applicants to voice allegations of discrimination or retaliation.
5. Training
6. Policy in place and disseminated
T or F
True
Harassment is defined as pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected group. Harassment reaches the level of illegality when 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.
Torre F
True
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:
(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.
Types of sexual harassment
Written Verbal Physical Visual Other
A person with disability is defined as?
Has a physical or mental impairment which limits one or more of that person’s major life activities.
A formal EEO complaint, division commander, area commander, assist Commissioner will assign an EEO investigator to the complaint within three, five or ten working days of receipt of complaint.
Div 5 days
The complainant has 6 11, 12 18 months from the last incident to contact an EEOcounselor regarding discrimination-related issues.
11
Notify the alleged discriminatory employee(s) with a Memorandum of Findings specifically summarizing the allegation(s) and the Department’s findings within 5, 10, 15, 20 working days of the final level of approval.
15
