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Coco > 10.12, EEO > Flashcards

10.12, EEO Flashcards

1
Q

According to California law, supervisors are required to receive sexual harassment prevention training at least once every ______ years.

A

Two

HPM 10.12, Chapter 3

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2
Q

According to California law, newly-promoted supervisors must receive sexual harassment prevention training within ______ months of their assumption of a supervisory position.

A

Six months

HPM 10.12, Chapter 3

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3
Q

According to California law, supervisors must receive at least _____ hours of sexual harassment prevention training.

A

Two hours

HPM 10.12, Chapter 3

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4
Q

_____________ is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or visual contact of a sexual nature.

A

Sexual harassment

HPM 10.12, Chapter 3

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5
Q

The two types of sexual harassment recognized by the courts are:

A

1) Quid pro quo
2) Hostile work environment

(HPM 10.12, Chapter 3)

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6
Q

__________ 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.

A

Quid pro quo

HPM 10.12, Chapter 3

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7
Q

__________ harassment occurs when sexual conduct unreasonably interferes with an individual’s job performance or creates an intimidating, hostile, or offensive working environment.

A

Hostile work environment

HPM 10.12, Chapter 3

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8
Q

True or False: employees who feel they are victims of sexual harassment are required to inform the offending individual that their behavior is unwelcome, offensive, in poor taste, or highly inappropriate.

A

False

HPM 10.12, Chapter 3

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9
Q

What three conditions must be met in order to establish that a hostile work environment (based on sexual harassment) exists?

A

1) The behavior in question is of a sexual nature
2) The behavior is unwelcome
3) The behavior is severe or pervasive

(HPM 10.12, Chapter 3)

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10
Q

True or False: a single event/incident of harassment is sufficient to constitute a Title VII violation (sexual harassment discrimination).

A

True (if it is severe enough)

HPM 10.12, Chapter 3

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11
Q

At the time of their annual performance evaluations, employees are required to sign the _______ form, acknowledging that they understand the Department’s sexual harassment policy.

A

CHP 237A, Sexual Harassment Prevention and Discrimination Policy Admonition

(HPM 10.12, Chapter 3)

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12
Q

The ________ form, which is maintained in the employee’s field personnel folder, is used to document sexual harassment training.

A

CHP 237, Sexual Harassment Prevention Training Log

HPM 10.12, Chapter 3

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13
Q

The CHP237 and 237A forms are retained in the employee’s field personnel folder for what length of time?

A

The length of employment

HPM 10.12, Chapter 3

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14
Q

In addition to filing a discrimination complaint internally with the CHP, an employee may file a complaint externally at the state level with ______________.

A

The California Department of Fair Employment and Housing (DFEH)

(HPM 10.12, Chapter 3)

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15
Q

In addition to filing a discrimination complaint internally with the CHP, an employee may file a complaint externally at the federal level with ______________.

A

The Equal Employment Opportunity Commission (EEOC)

HPM 10.12, Chapter 3

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16
Q

True or False: all practices, applications, and conditions of the Department’s Equal Employment Opportunity (EEO) program apply to persons with disabilities.

A

True

HPM 10.12, Chapter 4

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17
Q

The Department is required to make reasonable accommodation to a known physical or mental limitation of an otherwise qualified applicant or employee who is an individual with a disability unless the hiring authority can demonstrate that the accommodation would impose a/an ____________ on its operations.

A

Undue hardship

HPM 10.12, Chapter 4

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18
Q

A physical or mental impairment does not constitute a disability unless it results in a limitation of one or more ___________.

A

Major life activities

HPM 10.12, Chapter 4

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19
Q

True or False: federal and state laws allow the Department to make inquiries into an applicant’s medical status/history prior to making a conditional offer of employment.

A

False

HPM 10.12, Chapter 4

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20
Q

To be unlawful, harassing conduct must create a work environment that would be intimidating, hostile, or offensive to _____________.

A

A reasonable person

HPM 10.12, Chapter 1

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21
Q

At what age is “age” considered a protected group?

A

40

HPM 10.12, Chapter 2

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22
Q

___________ are legally identified groups which are specifically protected by statute against employment discrimination.

A

Protected groups

HPM 10.12, Chapter 2

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23
Q

Protected group status is automatically conferred upon what persons?

A

1) Recognized minority group members
2) Females
3) Disabled persons

(HPM 10.12, Chapter 2)

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24
Q

___________ is defined as action taken against an individual because the person opposed an alleged unlawful discriminatory practice, filed a complaint, acted as a witness in a complaint investigation, or assisted in the discrimination complaint process, regardless of whether the complaint was founded or unfounded.

A

Retaliation

HPM 10.12, Chapter 2

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25
Q

It is the Department’s obligation to protect the rights of employees and resolve issues at the __________.

A

Lowest possible level

HPM 10.12, Chapter 2

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26
Q

True or False: with respect to EEO policy, the term “employee” includes unpaid interns, volunteers, and persons providing services pursuant to a contract.

A

True

HPM 10.12, Chapter 2

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27
Q

A ___________ is defined as a logical adjustment made to a job and/or the work environment that enables a qualified person with a disability to perform essential duties of his or her position.

A

Reasonable accommodation

HPM 10.12, Chapter 5

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28
Q

True or False: all employees are entitled to a reasonable accommodation.

A

False (only persons with disabilities may be considered for a reasonable accommodation)

(HPM 10.12, Chapter 5)

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29
Q

What form must be completed by an employee requesting a reasonable accommodation?

A

CHP 163, Reasonable Accommodation Request

HPM 10.12, Chapter 5

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30
Q

True or False: employees requesting reasonable accommodation may be required to provide medical information to substantiate the extent of their disability.

A

True

HPM 10.12, Chapter 5

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31
Q

If a commander requests medical information to substantiate an employee’s claimed disability, the employee must provide such information within _______ days of the request.

A

21 calendar days

HPM 10.12, Chapter 5

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32
Q

Before an applicant can be considered a qualified person with a disability, they must not pose a __________ to the health and safety of themselves or others.

A

Direct threat

HPM 10.12, Chapter 5

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33
Q

A ______________ is a significant risk of substantial and imminent harm which cannot be eliminated or reduced to an acceptable level by reasonable accommodation.

A

Direct threat

HPM 10.12, Chapter 5

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34
Q

A CHP 163, Reasonable Accommodation Request, will be maintained in the employee’s medical file for a period of _________ years from the date of the approved/disapproved request.

A

Two years

HPM 10.12, Chapter 5

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35
Q

Name the two different levels of internal discrimination complaints.

A

1) Formal
2) Informal

(HPM 10.12, Chapter 6)

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36
Q

A complainant has ____ months (from the date of the last incident) to file an internal discrimination complaint.

A

11 months

HPM 10.12, Chapter 6

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37
Q

A list of all EEO counselor names/work telephone numbers __________ (should/shall) be posted at each work location.

A

Shall

HPM 10.12, Chapter 6

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38
Q

Information regarding a discrimination issue that is handled informally is documented by the EEO counselor on a __________ form.

A

CHP 612B, Written Report of Inquiry, Informal Discrimination Complaint

(HPM 10.12, Chapter 6)

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39
Q

A completed CHP 612B, Written Report of Inquiry, Informal Discrimination Complaint, is required to be forwarded to the appropriate Division chief within _________.

A

Five working days

HPM 10.12, Chapter 6

40
Q

If a complainant is not satisfied with the results of the EEO counselor’s inquiry, he or she may file a formal discrimination complaint with the Division chief within _______ days from the date of receipt of the EEO counselor’s CHP 612B.

A

Ten working days

HPM 10.12, Chapter 6

41
Q

A ______________ is a person who is proficient in both English and a foreign language.

A

Bilingual person

HPM 10.12, Chapter 10

42
Q

The CHP is required to submit a language survey to CalHR every _______ years.

A

Two years

HPM 10.12, Chapter 10

43
Q

All contacts with members of the public who demonstrate a _____________ must be offered the opportunity to request interpretation assistance.

A

Language barrier

HPM 10.12, Chapter 10

44
Q

Language survey forms and related materials shall be retained for a period of ________ years.

A

Three years

HPM 10.12, Chapter 10

45
Q

Evidence gathered in connection with discrimination complaints shall be retained for ________ years.

A

Five years

HPM 10.12, Chapter 7

46
Q

____________ are defined as consensual statements wherein the complainant(s), allegedly discriminatory employee(s), and/or witnesses provide information pertinent to the investigation.

A

Interviews

HPM 10.12, Chapter 7

47
Q

If, during an interview, evidence relating to possible misconduct is discovered that could result in an adverse action against the person being interviewed, the interview shall be immediately terminated to ensure ____________ are not violated.

A

The employee’s POBR rights

HPM 10.12, Chapter 7

48
Q

At the conclusion of an interview, departmental employees shall be admonished not to discuss the interview with any person other than ______________.

A

Their chosen representative and/or supervisors and managers with their chain of command.

(HPM 10.12, Chapter 7)

49
Q

All statements of involved employees who are interviewed during an EEO investigation ____________ (should/shall) be recorded.

A

Shall

HPM 10.12, Chapter 7

50
Q

Statements obtained from non-departmental witnesses ___________ (should/shall) be recorded, unless the witness objects to the recording.

A

Shall

HPM 10.12, Chapter 7

51
Q

EEO investigators shall write the investigation summary in _________ person.

A

Third

HPM 10.12, Chapter 7

52
Q

____________ are verbatim written records of an interview completed by departmental personnel or through professional transcription services.

A

Transcriptions

HPM 10.12, Chapter 7

53
Q

True or False: original transcriptions shall be booked into evidence with a copy included in the investigation as an exhibit.

A

True

HPM 10.12, Chapter 7

54
Q

What type font is used for completing narrative components of an EEO investigation.

A

Arial 12-point font

HPM 10.12, Chapter 7

55
Q

The investigating Division shall forward a completed EEO investigation to the Office of Equal Employment Opportunity within ________ days of receipt.

A

Ten working days

HPM 10.12, Chapter 7

56
Q

After a completed EEO investigation has been approved by the appropriate Assistant Commissioner and the Division chief has reviewed the final decision, closing documentation shall be disseminated to the involved parties within ________ days of the findings.

A

30 calendar days

HPM 10.12, Chapter 7

57
Q

If the allegedly discriminatory employee(s) actions were sustained, the Memorandum of Findings shall be filed in his or her personnel field folder for ________ years.

A

Three years

HPM 10.12, Chapter 7

58
Q

True of False: a copy of the Letter of Determination shall be included in the involved employees’ personnel field folders.

A

False (it is only kept with the original EEO investigation file)

(HPM 10.12, Chapter 7)

59
Q

To whom do EEO investigators report?

A

The Division chief

HPM 10.12, Chapter 7

60
Q

Chronological summary entries are written in the _______ person.

A

Third

HPM 10.12, Chapter 7

61
Q

True or False: if an employee separates from the Department during an EEO investigation, the investigation does not need to be completed.

A

False

HPM 10.12, Chapter 7

62
Q

The ____________ outlines the major activities to be accomplished during an investigation, as well as projected completion dates for each activity.

A

Investigative plan

HPM 10.12, Chapter 7

63
Q

____________ consists of documents, statements, statistical analysis, or personal observations that may either prove or disprove a fact.

A

Evidence

HPM 10.12, Chapter 7

64
Q

What three things must an employee demonstrate in order to establish a prima facie case of retaliation?

A

1) The employee engaged in a protected activity
2) The employer subjected the employee to adverse action
3) A causal link exists between the protected activity and the adverse action

(HPM 10.12, Chapter 8)

65
Q

According to the US Equal Employment Commission, ____________ is an action taken to prevent someone from opposing a discriminatory practice or from participating in an employment discrimination proceeding.

A

Adverse action

HPM 10.12, Chapter 8

66
Q

California Government Code Section 12900 prohibits an employer from retaliating against any employee who engages in a/an ____________ under the Fair Employment and Housing Act (FEHA).

A

Protected activity

HPM 10.12, Chapter 8

67
Q

True or False: retaliation complaints must first be filed with the employer before they can be filed with outside agencies, such as the EEOC or the DFEH.

A

False (they may be filed directly with those agencies)

HPM 10.12, Chapter 8

68
Q

How often is cultural awareness training provided to all employees?

A

Annually

HPM 10.12, Chapter 9

69
Q

What are the four topics covered during cultural awareness training?

A

1) Cultural awareness
2) Racial profiling
3) Hate crimes
4) Ethics

(HPM 10.12, Chapter 9)

70
Q

A ___________ is a criminal act committed, in whole or in part, because of one or more actual or perceived characteristics of the victim (or association with such persons), such as disability, gender, nationality, race/ethnicity, religion, or sexual orientation.

A

Hate crime

HPM 10.12, Chapter 9

71
Q

Hate crimes are prohibited by California Penal Code Section ________.

A

422.6

HPM 10.12, Chapter 9

72
Q

Racial profiling is defined by California Penal Code Section ________.

A

13519.4(e)

HPM 10.12, Chapter 9

73
Q

Cultural diversity is defined by California Penal Code Section ________.

A

13519.4(c)

HPM 10.12, Chapter 9

74
Q

Employees are required to complete an online training refresher course on cultural diversity, racial profiling, hate crimes, and ethics every _______ years.

A

Two years (odd-numbered calendar years)

HPM 10.12, Chapter 9

75
Q

Employees are required to attend an ________ hour classroom training courses in cultural diversity, racial profiling, hate crimes, and ethics training every two years (even-numbered years).

A

Eight hours

HPM 10.12, Chapter 9

76
Q

Training related to hate crimes is required by California Penal Code Section _________.

A

13519.6

HPM 10.12, Chapter 9

77
Q

The Department’s ____________ process is designed to provide a uniform method for departmental employees to bring forward complaints alleging discrimination or retaliation.

A

Internal discrimination complaint

HPM 10.12, Chapter 6

78
Q

The internal complaint process shall ensure each complainant receives prompt and impartial consideration in order to bring about a satisfactory resolution at the ____________.

A

Lowest possible level

HPM 10.12, Chapter 6

79
Q

The Department trains EEO __________ and _________ in each Division to assist employees and to resolve complaints alleging discrimination.

A

Counselors and investigators

HPM 10.12, Chapter 6

80
Q

How often are EEO counselors required to attend recertification training.

A

At least once every two years/24 months

HPM 10.12, Chapter 6

81
Q

EEO investigators have the responsibility for inquiring into (and reporting findings of fact on) formal complaints alleging what?

A

Discrimination, harassment, or retaliation

HPM 10.12, Chapter 6

82
Q

True or False: the Department can continue to review a matter even after the complainant has requested to discontinue the investigation.

A

True

HPM 10.12, Chapter 6

83
Q

How long (after an incident) does an employee have to file a complaint with the EEOC?

A

300 days

HPM 10.12, Chapter 6

84
Q

How long (after an incident) does an employee have to file a complaint with the Federal Department of Labor?

A

180 days
300 days if covered under the Rehabilitation of Veterans Act.

(HPM 10.12, Chapter 6)

85
Q

How long (after an incident) does an employee have to file a complaint with the Department of Fair Employment and Housing (DFEH)?

A

365 days (one year)

HPM 10.12, Chapter 6

86
Q

How long (after an incident) does an employee have to file a complaint with the California Department of Industrial Relations?

A

180 days

HPM 10.12, Chapter 6

87
Q

True or False: an employee may file both a grievance and a discrimination complaint for the same incident.

A

False (only one or the other)

HPM 10.12, Chapter 6

88
Q

The _______________ is used as an incentive to motivate employees in lower paying occupations to improve their job skills in order to enhance their promotional opportunities.

A

Upward Mobility Program

HPM 10.12, Chapter 11

89
Q

True or False: participation in the Upward Mobility Program is a guarantee of promotion.

A

False

HPM 10.12, Chapter 11

90
Q

An Upward Mobility Program is documented on the _________ form.

A

CHP 50B, Upward Mobility Career Plan

HPM 10.12, Chapter 11

91
Q

The OPI for the Department’s Upward Mobility Program is ____________.

A

The Office of Equal Employment Opportunity

HPM 10.12, Chapter 11

92
Q

A CHP 50B, Upward Mobility Career Plan, is retained for a period of ________ years.

A

Five years

HPM 10.12, Chapter 11

93
Q

A CHP 50B, Upward Mobility Career Plan that has been terminated for any reason shall be forwarded through Division to OEEO within ________ days of termination.

A

30 days

HPM 10.12, Chapter 11

94
Q

Employees who allege discrimination as the motive for an adverse action or rejection during probation must file an appeal directly with ___________.

A

The State Personnel Board

HPM 10.12, Chapter 6

95
Q

True or False: a vendor who feels he or she has been discriminated against by a departmental employee may file an external EEO complaint against the CHP employee.

A

True

HPM 10.12, Chapter 6

96
Q

Copies of discrimination complaint investigations shall be retained by Division for a period of _________ years from the date the complaint was closed.

A

Five years

HPM 10.12, Chapter 6

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