10.12- Equal Employment Opportunity Flashcards

1
Q

The California Highway Patrol (CHP) has implemented an Equal Employment Opportunity (EEO) Program to ensure equal opportunity for applicants and employees at all levels in testing, hiring, training, promotion, and other benefits and privileges extended through employment. This is accomplished in compliance with:

A
  • TITLE VII OF CIVIL RIGHTS ACT 1964
  • CA FAIR EMPLOYMENT AND HOUSING ACT
  • GC SECTIONS 12940 AND 19702(A)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

__ ___ to provide equal opportunity in employment practices will be made on the basis of merit, efficiency, and fitness consistent with state civil service and merit system principles.

A

ALL EFFORTS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Managers and supervisors are responsible for maintaining a work environment free of discrimination and harassment and for providing _____ _____ to qualified employees with disabilities to assist them with performing the essential functions of positions.

A

reasonable accommodation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The Department ___ maintain a uniform process for employees and applicants to voice allegations of discrimination or retaliation and receive prompt and impartial consideration.

A

SHALL

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

The authority for coordinating, monitoring, evaluating, and reporting on EEO activities has been assigned to the Department’s ___.

A

OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY(OEEO)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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

A

Division chief

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Managers and supervisors shall be familiar with EEO policies and shall assure the dissemination of EEO Program information to ALL employees within their command.

A

TRUE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Each employee is responsible for ensuring their conduct adheres to the Department’s EEO Program policies. As with all departmental policies, any employee who willingly and knowingly fails to adhere to the intent of this policy will be subject to appropriate disciplinary action, up to, and including, ___.

A

DISMISSAL

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

It is the responsibility of all employees to maintain an environment that supports the Department’s EEO policies. Failure to comply with these policies may result in ___.

A

DISCIPLINARY ACTION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The EEO Training program for all employees includes the following:

A
  • EEO TRAINING FOR STAFF
  • DIVERSITY TRAINING
  • SEXUAL HARASSMENT TRAINING
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Employment discrimination, including harassment, based on the following protected groups is prohibited by law:

A

age>40, ancestry, color, disability, gender, genetic information, marital status, medical condition, military/ vet status, national origin, political affiliation, race, religion, retaliation, sex, sexual orientation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

The California Fair Employment and Housing Act (FEHA) and the California Code of Regulations, Title 2, prohibit harassment of employees, applicants, unpaid interns, volunteers, and persons providing services pursuant to a contract by any persons (except volunteers) and require employers to take all reasonable steps to prevent harassment.

A

TRUE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

TRUE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Petty slights, annoyances, and isolated incidents, unless extremely serious, will not rise to the level of harassment. To be unlawful, the conduct must create a work environment which would be intimidating, hostile, or offensive to a ____ ______.

A

reasonable person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Offensive conduct may include, but is not limited to:

A

Verbal harassment, physical harassment, visual forms of harassment, sexual favors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A

TRUE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

____ _____ means each person’s internal understanding of their gender, or the perception of a person’s gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person’s sex assigned at birth, or transgender.

A

“Gender identity”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Military and veteran status includes a perception that a person is a veteran or member of the military or that the person is associated with someone who is a veteran or member of the military.

A

TRUE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

There are three recognized categories of race: Negroid, Mongoloid, and Caucasoid. Within these three categories, there are approximately ______ ethnic groups.

A

6,000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

A supervisor was “openly hostile and resentful” toward an openly gay employee because of his sexual orientation. The supervisor drew some lewd images of an openly gay employee on an office whiteboard and poster depicting his head on the body of a bikini-clad woman and circulated the poster around the office and posted it on Facebook. Would this example be considered harassment based upon sexual orientation?

A

YES

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Sexual harassment is a form of sex discrimination under Title VII of the federal Civil Rights Act of 1964, California Fair Employment and Housing Act (FEHA), and California Government Code (GC) Sections 12900 - 12996, they apply to employers with ___ or more employees, including state and local governments. Title VII also applies to employment agencies and labor organizations, including the federal government.

A

15

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

___ _____ includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when the conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.

A

Sexual harassment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Both victim and harasser can be either a woman or man and the victim and harasser can be the same sex.

A

TRUE

24
Q

It is the____ of the California Highway Patrol (CHP) THAT the working environment be free of discrimination, including sexual harassment.

A

policy

25
Q

Immediate and appropriate disciplinary action will be taken against those individuals determined to be in violation of HPM 10.12, up to, and including,____.

A

termination

26
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,” per EEOC guidelines.

A

Quid pro quo

27
Q

A ____________ claim occurs when unwelcome sexual conduct (or claims based upon other protected groups) 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.

A

hostile work environment

28
Q

An employee passed over for promotion for rejecting their supervisor’s sexual advances and also subjected to sexually pervasive and ongoing sexual jokes, improper touching, and sexual innuendo by other workers is an example of:

A

QUID PRO QUO AND HOSTILE WORK ENVIRONMENT

29
Q

If the manager or supervisor knows or should have known of such acts (sexual harassment), and fails to take timely and appropriate action the Department may be held liable for the inactions of that manager/supervisor.

A

TRUE

30
Q

The Department is ___ obligated to ensure the work environment is free of discrimination once a sexual harassment complaint has been filed (formally or informally), prompt, appropriate action must be taken to avoid or minimize the incidence of sexual harassment and potential employer liability.

A

LEGALLY

31
Q

Supervisors assure a favorable working atmosphere free from sexual harassment and other discriminatory practices for all employees.

A

TRUE

32
Q

Employees who feel they are victims of sexual harassment are ENCOURAGED to inform the individual their behavior is unwelcome, offensive, in poor taste, or highly inappropriate; HOWEVER NOT REQUIRED by departmental policy, federal and state law.

A

TRUE

33
Q

Although the victim does not necessarily have to confront the harasser, the victim must demonstrate in some manner the behavior was _____.

A

unwelcome

34
Q

Equal Employment Opportunity Commission guidelines state, “Title VII DOES NOT SERVE as a vehicle for vindicating the slights suffered by the hypersensitive.”

A

TRUE

35
Q

While sexual harassment may be manifested in various forms, common examples include making unsolicited written, verbal, physical, and/or visual contact with sexual overtones.

A

TRUE

36
Q

Asking about one’s sex life, sexual fantasies, preferences, or history ____ be sexual harassment.

A

COULE

37
Q

Supervisors and managers ___ have employees initial and sign a CHP 237A, Sexual Harassment Prevention and Discrimination Policy Admonition, during the employee’s annual review or after any training on these policies.

A

SHALL

38
Q

The CHP 237A is to be retained in the employee’s personnel file _________.

A

UNTIL SEPARATION FROM STATE SERVICE

39
Q

If an employee feels threatened or has difficulty expressing disapproval, they are encouraged to first seek informal assistance and counseling from an EEO counselor or appropriate supervisory and management personnel.

A

TRUE

40
Q

For employment purposes, a person with a disability must be ______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.

A

qualified

41
Q

Broken limbs, sprains, concussions, appendicitis, common colds, or influenza generally would ____be disabilities.

A

NOT

42
Q

The ADA and FEHA provide limited protection from discrimination for recovering drug addicts and alcoholics.

A

TRUE

43
Q

An individual who is currently engaging in illegal use of drugs is NOT an “individual with a disability” when the employer acts on the basis of this illegal use.

A

TRUE

44
Q

The Department may prohibit illegal use of drugs and use of alcohol at the workplace. It is ____ a violation of the law for the Department to give tests for illegal use of drugs.

A

not

45
Q

The Department ______ _____discriminate against a drug addict who is not currently using drugs and has been rehabilitated. Discrimination is illegal when actions are based on a history of drug addiction.

A

may not

46
Q

The Department IS required or obligated, to ensure that its communications with persons with disabilities are as effective as its communications with others.

A

TRUE

47
Q

May the Department charge a person with a disability for the use of an auxiliary communications aid?

A

NO

48
Q

Reasonable accommodation has been commonly defined as a logical adjustment made to a job and/or the work environment which enables a qualified person with a disability to perform the essential duties of their position.

A

TRUE

49
Q

Generally, it is the _______ obligation to request a reasonable accommodation.

A

INDIVIDUALS

50
Q

In almost all situations, a completed CHP 163 is considered a ____ _____ because it normally contains information related to physical or mental disabilities.

A

medical document

51
Q

Should a disability affect the employee’s ability to complete essential functions of their assigned position, they have the right to request an accommodation to the disability in order to perform the essential functions of the job.

A

TRUE

52
Q

Employees with mobility impairments, who find it difficult to maneuver during peak periods on public transportation systems, might be allowed to start their working day earlier or later. This would be an example of a reasonable accommodation-restructured job.

A

TRUE

53
Q

All relevant medical information requested by the responding commander ____ be provided by the employee/applicant within 21 calendar days of the request. Failure to provide requested medical information will result in suspension of the reasonable accommodation process until this information is provided.

A

SHALL

54
Q

In addition to having a disability, as defined by state and federal law, and possessing the required skills and education for a position, and before the applicant/employee can be considered a qualified person with a disability, they must not pose a direct threat to the health and safety of themselves or to others when performing the essential functions of the job.

A

TRUE

55
Q

Requests for reasonable accommodation must be submitted by the employee to their Division/Area/section commander utilizing the _____.

A

CHP 163- REASONABLE ACCOMMODATION REQUEST