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.
