10.12 EEO Flashcards
Minimum number of training hours for FTEP:
600
The program is intended to develop and fine-tune the trainee’s ______ _________ _______ and __________ ___________ so they can provide the highest level of Safety, Service, and Security to the public.
road patrol skills and promote a professional outlook
FTEP consists of:
Orientation week
4 total phases
3 different FTOS
Final test “ride along phase”
The program emphasizes ——– ———- and ———– of trainee progress. Training is guided by the ——- ——— and the — ###, Trainee Checklist.
Objective evaluation and documentation
program curriculum and the CHP 115
FTEP Program is coordinated at 3 levels :
Academy FTEP Coordinator
🔽
Division FTEP Coordinator
🔽
Area FTEP CoordinatorThe FTEP is responsible for ensuring the ——, ———, and —- transition of ——- ——— to patrol responsibilities.
smooth, effective, and safe transition
Academy graduates
This goal implies more than just producing a ———- ——-; rather, it includes ———– Academy graduates into the Department so they ———– the values and ethics that law professionals are expected to possess.
proficient officer;
socializing internalize
The key principle guiding the program’s evaluation system and termination procedures is the requirement that all evaluations and employment decisions be based on:
quantifiable, job-related criteria
Employees who feel they are victims of sexual harassment are encouraged to:
offensive, in poor taste, or highly inappropriate; however, victims are:
to do so by departmental policy, or federal or state law.
inform the individual their behavior is unwelcome
not required
This section provides that supervisors (including managers) shall receive sexual harassment prevention training within (time) of their promotion and every (time) thereafter
six months
two years
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.
T/F
Although the victim does not necessarily have to confront the harasser, the victim must demonstrate in some manner the behavior was unwelcome.
True
For example, the complainant privately complains to co-workers, displays uneasiness around the alleged harasser, is visibly upset after encounters with the harasser, or does not participate in the harassing behavior.
The court presented the following rules for evaluating allegations of hostile environment sexual harassment in accordance with the newly revised reasonable woman standard (4):
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.
Title VII does not serve as a vehicle for vindicating the slights suffered by the ______________.”
hypersensitive
Although an individual’s inappropriate conduct may not have yet risen to the level of being severe or pervasive enough to have created a hostile work environment, it is _____ ____________. Managers/supervisors have a responsibility to take _________ ___ _________ action to eliminate such inappropriate or potentially discriminatory behavior(s).
still inappropriate
immediate and appropriate
Conduct which does not constitute sexual harassment, but is:
may be censured pursuant to GC Section 19572 (m), which states an employee may be disciplined for, among other reasons:
inappropriate for the workplace
“discourteous treatment of the public or other employees.”
T/F
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. The employee must clearly notify the individual that the conduct is no longer welcome.
True
Supervisors and managers shall have employees initial and sign a:
during the employee’s annual review or after any training on these policies
CHP 237A, Sexual Harassment Prevention and Discrimination Policy Admonition,
A condition which substantially limits a major life activity is defined as:
A disability
the California Fair Employment and Housing Act (FEHA) provided broader coverage by specifying a disability requires a limitation upon a major life activity, but not necessarily a:
substantial limitation
Persons with disabilities program
The first objective is to:
qualified persons with disabilities into the Department at a level ________________ with their representation in the California labor force.
reach, attract, and employ
commensurate
Persons with disabilities program:
The second objective is to ensure all qualified individuals with:
have access to any programs, services, and/or activities under the jurisdiction of the Department for which they are eligible.
physical and/or mental disabilities
T/F
Unlike other federal statutes that broadly prohibit discrimination in employment, the Rehabilitation Act applies only to government contractors, recipients of other federal funds, and federal agencies.
True
T/F
The ADA, however, prohibits discrimination in employment against persons with disabilities for all employers, both in the public and private sector, who have over 15 employees, regardless of governmental funding.
True
T/F
In California, the ADA definition will be used in most cases for employment actions and the FEHA definition for program access.
False, the FEHA definition will be used in most cases for employment actions and the ADA definition for program access.
T/F
Major life activities means functions such as caring for one’s self, performing essential tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
True
T/F
For employment purposes, a person with a disability need not be qualified to perform the essential functions 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.
False, must be qualified
For purposes of program access, a person with a disability is an individual with a disability who meets the essential eligibility requirements for receipt of services or participation in CHP programs, services, and/or activities, with or without the following(3):
(1) Reasonable modifications to a public entity’s rules, policies, or practices;
(2) Removal of architectural, communication, or transportation barriers;
(3) Provision of auxiliary aids and services.
T/F
A person who is an alcoholic is an individual with a disability under the law.
True, However, the Department may discipline, terminate, or deny employment to an alcoholic whose use of alcohol impairs job performance or conduct no longer qualifies them as a person with a disability.
T/F
The Department may discriminate against a drug addict who is not currently using drugs and has been rehabilitated.
False, Discrimination is illegal when actions are based on a history of drug addiction.
However, The law allows employers to terminate or refuse to hire a person with a past history of illegal drug use, even if the person no longer uses drugs, in specific occupations, such as law enforcement, when that organization can show its policy is job-related and consistent with business necessity.
T/F
When an individual who has alcoholism is often late to work or is unable to perform the responsibilities of their job, the employer can take disciplinary action on the basis of poor job performance and conduct.
Additionally, the employer may discipline the employee more severely than other employees with the same performance or conduct issues.
True
False, However, an employer may not discipline an alcoholic employee more severely than other employees for the same performance or conduct issues.
T/F
it is the policy of the CHP to prohibit any medical inquiries of job candidates/applicants prior to making a conditional offer of employment.
True
T/F
Before making an offer of employment, the Department: (a) May ask questions about an applicant’s ability to perform the specific functions of the job; (b) May make a job offer that is conditioned on satisfactory results of a post-offer medical examination or inquiry.
True
T/F
The prohibition on pre-employment inquiries about disability does not prevent the Department from obtaining necessary information regarding an applicant’s qualifications, including medical information necessary to assess qualifications and assure health and safety on the job. Federal and state laws require only that such inquiries be made in two separate stages of the hiring process.
True
What would be the alternative to this question?
Do you have any disabilities or impairments which may affect your performance in the position for which you are applying?
Provide detailed description of job tasks and then ask:
“Are you able to perform these tasks, with or without an accommodation?”
If the applicant indicates they can perform the tasks with an accommodation, they may then be asked:
“How would you perform the tasks and with what accommodation(s)?”
an applicant may voluntarily disclose they have a hidden disability that would reasonably appear to interfere with performance of a job- related function. Even in such cases, the employer may not ask the applicant to describe or demonstrate performance with or without reasonable accommodation.
False, information was volunteered, Such inquiries or requests are not prohibited pre-offer inquiries.
An applicant may be asked to describe or demonstrate how they would perform specific job functions, if:
this is required of everyone applying for a job in this category, regardless of disability.
If an applicant has a known disability that would appear to interfere with or prevent performance of a job-related function, they (may/may not) be asked to describe or demonstrate how this function would be performed, even if other applicants do not have to do so.
May, because it appears to interfere
If an applicant has a known disability that would not interfere with or prevent performance of a job-related function, the employer can only ask the applicant to demonstrate how they would perform the function if:
all applicants in the job category are required to do so, regardless of disability
T/F
If an applicant indicates they cannot perform an essential job function even with an accommodation, the applicant would not be qualified for the job in question.
True
T/F
An interviewer may ask whether an applicant will need or request leave for medical treatment or for other reasons related to a disability.
False. May not
T/F
The interviewer may not ask about an applicant’s prior attendance records (e.g., how many days the applicant was absent from their last job).
False, may ask, just not inquire how many days due to disability
T/F
Prior to making a conditional offer of employment, the Department may not ask a third party, e.g., previous employer, family member, or other source, anything that the Department is prohibited from asking the applicant directly.
True
T/F
Whenever there is a vacancy for a position where a LEAP candidate should be considered, the manager/supervisor may contact the Department’s Human Resources Section (HRS), Personnel Transactions Unit, and request the appropriate certification lists
False, must contact
T/F
a qualified individual with a disability to enter into a written agreement with the Department to extend the employee’s probationary period for up to six additional months. A written plan must be submitted to CalHR to indicate how the extended time will be used to evaluate the employee’s ability to perform the assigned functions.
True
If a LEAP candidate is unable to satisfactorily perform the duties of the position, the employee may be terminated during or no later than (time) following completion of the JEP
30 days
The Department shall provide the LEAP candidate with a written notice at least (time) prior to the effective date of the termination
five working days
The department is required to make reasonable modifications in policies, practices, and procedures that deny access to individuals with disabilities, unless:
a fundamental alteration in the program would result.
T/F
The Department need not remove physical barriers, such as stairs, in all existing buildings, as long as it makes its programs accessible to individuals who are unable to use an existing facility, and can provide services, programs, and activities offered in the facility to individuals with disabilities through alternative methods.
True
A service animal can only be:
a canine or miniature horse
According to federal regulations, personnel responsible for limiting access to secured locations which are open to the general public must not limit access to a service animal when the animal has been trained to:
perform essential tasks for the person’s disabilities
To facilitate both the procurement and reimbursement of interpretive services, the Department has authorized the use of:
X numbers
The departmental ADA Coordinator is located in:
OEEO.
An ADA complaint against the Department should be filed within:
after the complainant becomes aware of the alleged violation.
30 calendar days
A written determination as to the validity of the complaint and a description of the resolution, if any, will be issued and a copy forwarded to the complainant no later than:
after its filing.
50 calendar days
a complainant is not satisfied with the resolution of their complaint, they can request a reconsideration of their case with:
The request for reconsideration should be made within:
The Commissioner’s Office
15 calendar days
T/F
Requests for reasonable accommodation can be denied if the 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.
True
T/F
Generally, it is the obligation of the Department to identify a person with a disability, recognize the need for, and to offer a reasonable accommodation.
False, it’s generally the obligation of an individual to request
T/F
A qualified individual with a disability has the right to refuse an accommodation. However, if the individual cannot perform the essential functions without the accommodation they may not be qualified for the job.
True
Reasonable accommodation must be provided to ______ __ _________ with a disability to enjoy the benefits and privileges of employment equal to those enjoyed by similarly situated, nondisabled employees.
enable an employee
Maintaining appropriate records in _________ files (personnel and medical) to document receipt and responses to all CHP 163 request forms from employees/applicants in their commands.
separate
A completed CHP 163 is a:
T/F
And is usually considered a medical document because it normally contains information related to physical or mental disabilities.
Request for reasonable accommodation
True
In 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, supervisors must:
Maintain confidentiality.
Ensure all requests for reasonable accommodations are:
Should an individual not complete, or is not capable of completing a CHP 163, the manager/supervisor may need to:
in writing.
complete the request on behalf of the employee/applicant.
It is the employees responsibility, when reasonable accommodation is needed, to:
Complete a CHP 163 to document specific needs or modifications to allow the individual to perform the essential functions of the position.
Provide medical substantiation to support the reasonable accommodation request.
Notify the department in regards to medication.
The five types of reasonable accommodation are:
Requests for accommodation:
- in the civil service examination process
- to allow a person with a disability to perform the essential duties
- to allow a person with a disability continue to perform the duties of their current position;
- to allow an employee with a disability to participate in training activities
- to allow an employee with a disability to have equal access to services and privileges
Job restructuring does not eliminate the _________ __________ of the job. Rather, any changes made are those which ______ the person to perform the job’s essential functions. This sometimes means changing the job content by isolating and eliminating _____________ ____________ through reassignment. More often, however, job modification is a matter of simply altering the:
essential functions
enable
nonessential functions
method of task accomplishment.
All relevant medical information requested by the responding commander shall be provided by the employee/applicant within:
of the request.
21 calendar days
Fitness for Duty examinations for incumbent employees (may/may not) also be ordered as part of the reasonable accommodation process.
May
Before the applicant/employee can be considered a qualified person with a disability, they must not pose a ______ ______ to the health and safety of themselves or to others when performing the essential functions of the job.
direct threat
Direct threat means a significant risk of:
which cannot be eliminated or reduced to an acceptable level by reasonable accommodation.
substantial and imminent harm
T/F
The specific risk need not be identified.
A threat which is remote or theoretical is not sufficient to conclude a person is not a qualified person with a disability.
The nature and severity of the potential harm must be identified.
False, must be
True
True
requests for reasonable accommodation for the hiring or promotional interview should be made utilizing a
CHP 163
T/F
Reasonable accommodation need not always be the exact accommodation requested, as long as it is effective
True
An undue hardship is defined as an action that requires:
in relation to the size of the command, the resources available, and the nature of the employee’s job duties.
significant difficulty or expense
T/F
If restructuring a job to accommodate an individual with a disability creates a heavier workload for other employees, this may constitute an undue hardship.
True
A command may also claim an undue hardship solely because providing an accommodation has a negative impact on the morale of other employees.
False, may not
Problems of employee morale and employees’ negative attitudes should be addressed by the Department through appropriate consultations with supervisors and, where relevant, with union representatives.
T/F
the ADA specifically indicates that “reassignment to a vacant position” may be an appropriate accommodation.
True, and is the final attempt to accommodate before termination of employment
Reassignment need not be limited to positions at the same salary level or in the same class series. ___________ and ___________ should also be considered so long as the employee is able to perform the ___________ ___________ of the higher level position.
Demotions and promotions
Essential functions
T/F
Alternative job placement only involves vacant positions.
True
The Department’s return-to-work coordinator located in:
the Disability and Retirement Unit and OEEO.
The commander’s decision regarding reasonable accommodation may be appealed, in writing, within (time period) of either the receipt of the denial or exhaustion of the:
five working days
ten working-day period without a response
If the requested reasonable accommodation is denied by the Department or (time period) have elapsed without approval, the employee or applicant may file a complaint, based on the denial of a reasonable accommodation, with the:
and/or
20 working days
California Department of Fair Employment and Housing
and/or
the federal Equal Employment Opportunity Commission.
The original CHP 163 will be maintained in the employee’s medical file for a period of (time) from the date of the:
two years
approved/disapproved request.
T/F
The departmental ADA coordinator, reasonable accommodation coordinator, and Limited Examination and Appointment Program coordinator are located in OEEO.
True
__________ ___ __________ _______ coordinates the departmental assistance program for injured employees, provides information on retirement and vocational rehabilitation, and serves as the departmental liaison with other agencies on these subjects.
Disability and Retirement Section
For discrimination complaints, The designated state agencies include the:
and the: Department of Industrial Relations (DIR).
The designated federal agencies include the:
and the:
Department of Fair Employment and Housing (DFEH)
Department of Industrial Relations (DIR).
Equal Employment Opportunity Commission (EEOC)
Department of Labor.
T/F
The Commissioner is the final level of review for internally-filed complaints and will render a final decision on appeals.
True
T/F
The Commissioner hall not appoint a delegated authority to perform the functions detailed above related to discrimination complaints.
False, may delegate
Normally, the Division Chief will conduct (time) and ( follow-up contacts with the complainant after resolution of an internally-filed complaint, whether informal or formal.
two-month
six-month
T/F
An EEO counselor may provide information or assistance in defining a problem as appropriate, but may not attempt to resolve the issue(s) by working informally with the parties involved.
False, may provide information or assistance in defining a problem, or as appropriate, attempt to resolve the issue(s) by working informally with the parties involved.
The EEO counselor’s role is to establish and provide an:
through which employees may raise questions, discuss concerns, receive answers, and obtain:
open channel of communication
informal resolutions.
T/F
The EEO counselors are objective resources for employees and are not to interject personal beliefs or opinions into the process.
It is not the role of an EEO counselor to investigate or suggest possible remedies to potential complaints.
True
True
The EEO counselors who are also supervisors must be aware their primary role is that of a:
supervisor
All EEO counselors shall attend recertification training at least once every:
24 months.
All EEO counselors shall make at least:
informal presentations annually at training forums.
two, 20-minute,
Equal employment opportunity investigators have the responsibility for inquiring into, and:
formal complaints alleging discrimination, harassment, or retaliation in departmental employment practices covering recruitment, selection, appointment, compensation, transfer, training, and other terms and conditions of employment.
reporting findings of fact on
EEO investigators must confirm (3):
the complaint has been filed in a timely manner,
meets the established standards of prima facie,
and
the complaint is related to the complainant’s status in a protected group.
T/F
EEO investigators must ensure employees interviewed are advised of the purpose of interview and that retaliation against anyone involved in the investigative process is prohibited and may result in adverse action.
True
T/F
Investigators need not inform the complainant they have the right to be assisted by a representative of their choice, it is incumbent upon the complainant to know.
False, must inform the complainant they have the right to be assisted by a representative of their choice.
T/F
The EEO investigator shall not make a final decision about the merits of the complaint.
They only gather evidence and present the facts.
However, investigators may incorporate judgments into their analysis or findings.
True
True
Shall not
T/F
The EEO investigator need not be any rank higher than any alleged discriminatory employee.
False, shall be at least one rank higher
T/F
The EEO investigators may utilize personnel of a lower rank to assist with non-sensitive elements of an investigation, under the direct supervision of the EEO investigator.
True
All EEO investigators shall attend recertification training at least once every:
24 months.
An approved reinstatement of a decertified EEO investigator will require the employee to retake the recertification training within:
If 24 months has passed, then:
12 months of reinstatement.
Must retake the 2-day initial training
T/F
Employees who serve as employee representatives or alternate employee representatives in personnel actions shall not also serve as an EEO counselor.
False, may serve as both, but not rep both at same time.
While conducting an EEO investigation, if the EEO investigator discovers allegations which may rise to the level of adverse action, the individual who acted as an EEO counselor initially may not serve as the employee’s representative on the same issue.
A complaint of discrimination may be filed whenever applicants or employees believe any (4):
has adversely affected them based on their status in a __________ ______ or for having _______ any discriminatory employment practice or for _____________ in the discrimination complaint process
action, decision, policy, or condition of employment
protected group
opposed
participating
T/F
A complainant may discontinue the complaint at any point in the process, allowing the Department to terminate its review of the matter.
False, Can terminate complaint at any time, but the Department will continue its review of the matter to ensure compliance with CHP discrimination policies
Federal Equal Employment Opportunity Commission. Must be filed within (time) of the last incident or notification of the alleged discriminatory act(s).
The covered basis includes:
300 days
race, color, religion, national origin, age, sex (includes sexual harassment), disability, equal pay/compensation, genetic information, pregnancy, and/or retaliation.
Federal Department of Labor. Must be filed within (time) of the alleged discrimination, unless the time for filing is extended by the Deputy Assistant Secretary for good cause shown, and (time) relating to individuals covered under the Rehabilitation and Veterans’ Acts. The covered basis includes:
180 days
300 days
disability and veteran status.
California State Department of Fair Employment and Housing. Must be filed within (time) of the last incident or notification of alleged discriminatory act(s). In termination cases, the date of harm is the:
365 days
actual date the complainant is discharged/terminated
T/F
Ca. State Department of Fair Employment and Housing, basis includes race, color, religion, national origin (including language restrictions), ancestry, age (40 years of age or older), sex (including pregnancy), disability (mental or physical, including human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS), marital status, sexual orientation, medical condition (cancer or genetic characteristics), denial of family and medical care leave, and/or retaliation.
True
California Department of Industrial Relations. Must be filed within (time) after the occurrence of the alleged discriminatory/retaliatory act. Two exceptions: complaints alleging retaliation against victims of domestic violence/sexual assault must be filed within (time) of the alleged violation, and complaints of discrimination for being pay equality to opposite sex must be filed within (time) of the alleged violation.
180 days
one year
two years
If a complainant becomes aware an act was discriminatory after all timelines have expired, external compliance agencies will allow an additional (time) to file a complaint.
90 days
T/F
The employee shall be allowed to use either the grievance procedure or discrimination complaint procedure.
The employee _____ ___ use both procedures for the same complaint.”
True
shall not
T/F
In accordance with CalHR policy, if a question of discrimination arises during a grievance review, the complainant may choose either the grievance process or the discrimination complaint process.
False, the grievance process will terminate and the issues related to EEO will be referred to the discrimination complaint process.
The complainant has (time) from the last incident to contact an EEO counselor regarding discrimination-related issues. Employees who believe they have been discriminated against by a CHP employee or by a departmental employment practice and wish to use the internal process (shall/should/may) discuss the problem with an EEO counselor within the complainant’s Division.
11 months
Shall, but key is: if they wish to use internal process
It should be noted that if a complaint involves allegations of such an egregious nature, anonymity cannot be assured because of the Department’s legal obligation to:
take immediate and appropriate corrective action.
Former employees, contractors, and vendors may file an internal complaint; however, these complaints are handled through:
or the:
and not through the EEO process.
management inquiry
citizen’s complaint process
The reasonable amount of state time for a complainant to meet with an EEO counselor is generally defined as a maximum of:
four hours.
T/F
The only manner in which anonymity can be guaranteed in the EEO complaint process is when an informal EEO complaint is resolved by an EEO counselor at the lowest possible level.
True
T/F
In some instances, to ensure the anonymity of the complainant, the EEO counselor may take the issue to a higher level of management for an indirect method of resolution.
True
The EEO counselor shall not suggest remedies nor shall they:
introduce or infer additional allegations.
If the complainant has a discrimination issue and does not wish to file a complaint, the counselor shall document the issues on a (form), the identity of the alleged discriminatory employee(s), requested _______, and statement indicating the employee:
This is due to the appropriate Division chief within:
CHP 612b
remedy
does not wish to pursue their claim at this time
five working days
If the employee has an issue which clearly does not fall within the discrimination arena, (e.g., ___________ ________), the counselor (shall/should/may) document the issues.
If documented, should be documented on a __________ to the appropriate Division chief within:
personality conflict
Shall
memorandum
five working days
T/F
The complainant may remain anonymous; however, the person(s) named as causing the act of discrimination must be identified in the memorandum.
True
T/F
A memorandum shall be signed by the complainant, indicating the advisement and acknowledgment that the issue did not fall within the perameters of the discrimination process.
True
If the complaint has been resolved to the complainant’s satisfaction, complete a CHP 612B within (time) from the date the agreement was reached.
five working days
Complete the CHP 612B within (time) of the initial contact, if the complaint is not resolved to the complainant’s satisfaction.
This must be forwarded to the division chief, and a copy to the effected Commander within:
20 working days
20 working days
The complainant who is not satisfied with the results of the EEO counselor’s inquiry may file a discrimination complaint with the (entity) within (time) from the date of receipt of the EEO counselor’s CHP 612B.
Division chief
ten working days
Assign an impartial EEO investigator within (time) if the complainant’s commander is unable to resolve the issue, and notify the appropriate Assistant Commissioner and OEEO within (time) with the name of the assigned EEO investigator and appointed Division contact person. When applicable, the alleged discriminatory employee(s) (shall/should/may/shall not/should not) be informed the charge is being investigated.
five working days
ten working days
Should
The Chief will Submit a Letter of _____________ to the complainant within (time) of the:
Determination
15 working days
final level of approval
Notify the alleged discriminatory employee(s) with a Memorandum of ________ specifically summarizing the allegation(s) and the Department’s findings within (time) of the final level of approval. This document (shall/should/may) also caution the alleged discriminatory employee(s) that retaliation against the involved parties is prohibited and may result in adverse action.
Findings
15 working days
Shall
All Letters of Determination shall be sent via:
to the:
registered mail
employees’ home address.
A complainant who is not satisfied with the Division chief’s Letter of Determination may file an appeal via a CHP 612A with the appropriate (entity), in care of the entity within (time) from the date of receipt of the letter.
Assistant Commissioner
OEEO commander
ten working days
The appropriate Assistant Commissioner shall also authorize further investigation if necessary, and submit a recommendation to the Commissioner within (time) from the date of receipt of the complainant’s appeal after reviewing the case file.
20 working days
The Commissioner or designee shall submit, in writing, the Department’s decision to the complainant within (time) from the date of receipt of the Assistant Commissioner’s recommendation.
15 working days
an employee’s allegations of discrimination in AAs must be submitted to (entity) not later than (time) after service of the Notice of AA.
SPB
30 calendar days
an employee’s allegations of discrimination in Rejection During Probation cases must be submitted to (entity) within (time) of the effective date of rejection.
SPB
15 calendar days
T/F
Amendments to complaints shall be allowed at any stage of the process by the appropriate reviewing authority until an appeal has been filed with the appropriate Assistant Commissioner.
True,
amendments shall be allowed only if they pertain to the same basis of discrimination filed in the original complaint and are a result of new information that could not logically have been available at any earlier stage of the complaint investigation.
T/F
For external complaints, the normal time frames shall be adhered to unless unexpected or extenuating circumstances arise where an extension is required
True
The Division chief then notifies the employees’ commander and the allegedly discriminatory employee(s) within (time) of receipt of notification from the appropriate Assistant Commissioner of the external compliance agency’s determination.
five working days
T/F
Both DFEH and EEOC mediation sessions are conducted using their protocol and are normally completed in one session which usually last from one to five hours.
True
The right to a reasonable amount of work time (employees only) to make an informal presentation of their complaint to an EEO counselor. Consistent with the immediate needs of the command, this right shall in no way be:
by any supervisor.
abridged or its execution delayed
Complaints alleging violations of the Victims of Domestic Violence Leave Act of 2001 can only be filed with the:
within (time) from the date of violation.
California Division of Labor Standards Enforcement, a Division of DIR,
one year
Copies of the discrimination complaint investigations, including interview recordings, shall be retained by Divisions for a period of (time) from the date the complaint was _______.
five years
closed.
Copies of discrimination complaint investigations shall be retained by OEEO for a period of (time) from the date the complaint was ______ __ _______, either after the appeal period has passed (for internally filed complaints), or the time for court action has passed (for externally filed complaints). If a complaint is litigated, the complaint will be retained an additional:
five years
resolved or closed
three years after court action has been resolved.
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 (shall/should/may) notify the affected commander.
Shall
The supervisor/manager is _______ _________ to ensure the work environment is free of discrimination.
legally obligated
All matters where no formal complaint has been filed, but reported to a supervisor, (shall/should/may), if necessary, be investigated in accordance with HPM 10.12, Equal Employment Opportunity Manual.
Should
T/F
The complainant is required to provide sufficient evidence to show the causal link between the issue(s) and the basis of their complaint.
True
A practice that does not appear to be discriminatory on its face; rather it is one which is discriminatory in its application or effect.
Facially Neutral Employment Practice.
A term interpreted to mean that employment decisions based on protected group status (
may be acceptable when such characteristic (i.e. women) is shown to be genuinely necessary to the person’s ability to perform the job.
T/F
Race is not always an acceptable bona fide occupational qualification.
Bona Fide Occupational Qualifications.
False, race is never an acceptable required qualification
EEO investigations should take the following four initial steps
- Determine scope/focus of investigation;
- Identify whether conduct allegedly occurred;
- Whether the conduct allegedly violated departmental policy; and,
- Not make legal statements whether the conduct alleged violated the law.
EEO investigations should address the following initial possible concerns (3):
(a) Assess possible concerns regarding the investigation (i.e., temporary reassignment of either complainant or allegedly discriminatory employee[s]);
(b) Prepare a strategy for investigation;
and,
(c) Prepare an investigative work plan and timetable for completing the investigation.
T/F
The EEO investigator is expected to advise the allegedly Discriminatory Employee of the nature of the complaint.
True
The chronological summary shall be completed by the investigator and include the following language as the final entry: “I have used all _________ __________ in preparing this investigation. To the best of my knowledge, the information contained herein is a ____ ___ ________ ___________ of my investigative efforts and includes all information.”
reasonable diligence
true and complete representation
Investigators (shall/should/may) review the contents of this manual prior to beginning an investigation.
Should
T/F
If an employee separates from the Department during an investigation, the investigation shall be completed in its entirety and processed in accordance with Chapter 6 of this manual.
True
T/F
The primary EEO investigator assigned to the case shall be a certified EEO investigator. Office of Equal Employment Opportunity recommends that staff assigned to assist with the investigation are also certified EEO investigators.
True
The determination of which issues will be investigated is achieved by identifying:
the basis of any points in dispute.
Witnesses and the subject(s) of the investigation shall be listed on a (form). The CHP 7 shall be listed as an ______. In the rare instance a witness requests and/or requires confidentiality, the individual shall be listed as ____/_____ _____ and their contact information (shall/should/may) be maintained separately from the investigative report.
CHP 7, Subject Witness Summary
exhibit
John/Jane Doe
Shall
________ consists of documentary, statements, statistical analysis, or personal observation and offered to _____ __ ________ a fact
Evidence
prove or disprove
T/F
If the investigator determines an SPB rule or departmental policy is relevant evidence, the entirety of the rule or policy which is pertinent to the issue(s) in the complaint should be included in the file as an exhibit.
False, only that portion of the rule or policy which is pertinent to the issue(s) in the complaint should be included in the file as an exhibit.
T/F
If the investigator determines performance appraisals of other employees are relevant to the complaint, these appraisals shall be included in a manner which prevents the identification of that employee.
True
All statements should be supported by at least (#) additional source(s). When possible, support statements with:
one additional
documentary evidence.
This is the weakest form of evidence and should be used to support other evidence obtained through documents or statements.
Statistical
Do not support statistical evidence with __________ __________; the objectivity of the investigator can be easily questioned.
personal observation
T/F
Often information collected in this manner may be very useful to the investigator, but not important enough to appear in investigative files. Personal observation which substantially assists in the determination of findings shall be documented in the chronological summary.
True
True
T/F
When the investigator determines all of the evidence on the relevant issues has been obtained, they have the responsibility of analyzing and evaluating the evidence to determine whether it is more likely than not a violation of the Department’s discrimination policy has occurred.
This determination must be based on a:
True
preponderance of the evidence.
The investigator must determine and document whether employees other than members of the protected group alleged to have been discriminated against were involved in the same or similar offense and whether they had been given:
More severe penalties;
Identical penalties;
and/or,
Less severe penalties.
T/F
Unwelcome touching requires careful assessment of overall facts pertaining to the case. Is there a past pattern of behavior? Did both parties engage in mutual touching in the past? Did the victim indicate the behavior was unwelcome and unwanted?
True
T/F
Racial epithets/slurs usually require more than one incident to establish a violation of policy.
False, may require only one incident to establish a violation of policy.
T/F
Rank/position of the harasser is not important. A person of higher rank requires the same standard to establish a violation.
False, Rank/position of the harasser is important. A person of higher rank requires fewer incidents to establish a violation.
T/F
Harassment based upon a discriminatory atmosphere, absent prohibited touching, unless severe and pervasive, would require a PATTERN of incidents to establish a violation of policy.
True
T/F
Evidence shall remain in the command which originally completed the investigation, regardless of any subsequent transfers of the involved employees.
True
It should be the standard practice to conduct an ____________ ____________ when interviewing/interrogating the respondent to ensure:
administrative interrogation
rights afforded by POBR
T/F
Investigators shall not conduct an administrative interrogation of the complainant, even if warranted.
False, may conduct
T/F
All statements of involved employees who are interviewed during an EEO investigation shall be recorded
True
Statements obtained from non-departmental witnesses shall be recorded unless:
the witness objects to the recording
The EEO Complaint summary shall be written in:
third person.
T/F
All interviews of the complainant and allegedly discriminatory employee(s) may be transcribed as needed.
Transcription of witness statements shall be on a case by case need.
False, shall be
True
T/F
The complainant should be the (order) person interviewed in an EEO investigation.
The alleged discriminatory employee should be the (order) person interviewed in an EEO investigation.
first
Last
The allegedly discriminatory employee (shall/should) be advised the interview will be recorded to ensure the accuracy of the record and to protect both the interviewee and the investigator.
Should
T/F
When interviewing the allegedly discriminatory employee(s), the investigator should fully inform the employee of the nature of the allegation against them, the identity of the complainant, and the interviewee’s rights under POBR.
True
T/F
If the allegations are egregious, the investigator should consider an interrogation, rather than an interview
True
T/F
Hearsay information is unacceptable as evidence and, therefore, should be eliminated from a witness’ statement
False, Hearsay information is acceptable as it may provide leads to other information and, therefore, should not be eliminated from a witness’ statement
The font used in an EEO investigation narrative shall be:
Arial, 12 point.
T/F
masculine or feminine terms shall not be used when referring to groups or situations which include or may include members of both genders.
True
The investigation (shall/should/may) have a table of contents
Shall
The following sentence shall be included in what section?
The preponderance of evidence in this case
shows:
Findings
The preponderance of evidence in this case shows:
(1) Sergeant Wilson denied Officer Moore a day off because she did not perform a sexual act on him.
The misconduct represents a violation of HPM 10.12 Chapter 8 – Sexual Harassment.
This finding is based upon the following:
During the investigators interview
Each page after the table of contents shall have a header in the upper left corner of the page containing the following information:
(a) The last name of the complainant followed by the words ‘EEO Investigation’.
(b) The assigned case number(s).
(c) The page number. The first page after the table of contents is page 1.
The term “Investigators Note:” should be:
bolded. (c) The font should be two sizes smaller that the main text (i.e. Arial 10 point). (d) The entire sentence or paragraph should be italicized.
T/F
The CHP 26, Classified Document Notice, shall be included with the investigative report
True
After approval from the appropriate Assistant Commissioner and the Division chief has reviewed the final decision, closing documentation shall be disseminated by Division to the involved parties within (time period) of the findings
30 calendar days
The two findings for an EEO complaint are:
Exonerated
And
Sustained
If the allegedly discriminatory employee(s) were exonerated in the allegations, the Memorandum of Findings shall be filed:
in the EEO investigation file only.
If the allegedly discriminatory employee(s) actions were sustained, the Memorandum of Findings shall be filed:
for a period of:
and in the:
in the employee’s personnel field folder
three years
EEO investigation file.
A copy of the Letter of Determination shall be filed
in the EEO investigation file only.
To establish a prima facie case of retaliation, an employee must show:
(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.
T/F
In accordance with the United States Equal Employment Opportunity Commission (EEOC), adverse action is defined as “an action taken to try and keep someone from opposing a discrimination practice, or from participating in an employment discrimination proceeding.”
True, not the same as CHP adverse action
Classroom training for cultural diversity, hate crimes, racial profiling, etc. is required every
Employees will complete an online training refresher course every
4 years starting in 2017
year.
Every state agency conducts a biennial statewide language survey and reports its findings to the Department of Human Resources (CalHR) by:
October 1 st of every even-numbered year.
Bilingual positions are filled when the number of LEP persons, in any given language, comprises (#) percent or more of the public contacts experienced by any local office of a state agency.
five
State agencies prepare an Implementation Plan, including the progress made in correcting deficiencies and recommended staffing needs identified by in the language survey. The Implementation Plan is due to CalHR by:
October 1 st of every odd-numbered year.
T/F
It is a supervisor responsibility to review the participating employee’s CHP 50B as part of the annual performance evaluation to ensure compliance with the upward mobility program eligibility and continuation.
True
If an Upward Mobility Career Plan is disapproved at any level, the original will be returned through channels to the employee with an explanation. The immediate supervisor (shall/should/may) review the reasons for the disapproval with the employee.
Shall
CHP 50B terminated for any reason shall be forwarded through the appropriate Division to OEEO within:
30 calendar days of termination
Originating Office. The originating office will retain the CHP 50B in the employee’s field folder until:
Office of Equal Employment Opportunity. As the Office of Primary Interest, OEEO will retain an employee’s CHP 50B for:
completed or superseded.
five years or until superseded.
