10.12- Equal Employment Opportunity Flashcards
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:
- TITLE VII OF CIVIL RIGHTS ACT 1964
- CA FAIR EMPLOYMENT AND HOUSING ACT
- GC SECTIONS 12940 AND 19702(A)
__ ___ 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.
ALL EFFORTS
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.
reasonable accommodation
The Department ___ maintain a uniform process for employees and applicants to voice allegations of discrimination or retaliation and receive prompt and impartial consideration.
SHALL
The authority for coordinating, monitoring, evaluating, and reporting on EEO activities has been assigned to the Department’s ___.
OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY(OEEO)
All managers and supervisors are responsible and accountable to the appropriate ___ _____ for personnel practices consistent with the Department’s EEO Program.
Division chief
Managers and supervisors shall be familiar with EEO policies and shall assure the dissemination of EEO Program information to ALL employees within their command.
TRUE
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, ___.
DISMISSAL
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 ___.
DISCIPLINARY ACTION
The EEO Training program for all employees includes the following:
- EEO TRAINING FOR STAFF
- DIVERSITY TRAINING
- SEXUAL HARASSMENT TRAINING
Employment discrimination, including harassment, based on the following protected groups is prohibited by law:
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.
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.
TRUE
Harassment is defined as pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected group.
TRUE
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 ____ ______.
reasonable person
Offensive conduct may include, but is not limited to:
Verbal harassment, physical harassment, visual forms of harassment, sexual favors
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.
TRUE
____ _____ 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.
“Gender identity”
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.
TRUE
There are three recognized categories of race: Negroid, Mongoloid, and Caucasoid. Within these three categories, there are approximately ______ ethnic groups.
6,000
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?
YES
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.
15
___ _____ 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.
Sexual harassment
Both victim and harasser can be either a woman or man and the victim and harasser can be the same sex.
TRUE
It is the____ of the California Highway Patrol (CHP) THAT the working environment be free of discrimination, including sexual harassment.
policy
Immediate and appropriate disciplinary action will be taken against those individuals determined to be in violation of HPM 10.12, up to, and including,____.
termination
___ ____ ___ 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.
Quid pro quo
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.
hostile work environment
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:
QUID PRO QUO AND HOSTILE WORK ENVIRONMENT
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.
TRUE
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.
LEGALLY
Supervisors assure a favorable working atmosphere free from sexual harassment and other discriminatory practices for all employees.
TRUE
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.
TRUE
Although the victim does not necessarily have to confront the harasser, the victim must demonstrate in some manner the behavior was _____.
unwelcome
Equal Employment Opportunity Commission guidelines state, “Title VII DOES NOT SERVE as a vehicle for vindicating the slights suffered by the hypersensitive.”
TRUE
While sexual harassment may be manifested in various forms, common examples include making unsolicited written, verbal, physical, and/or visual contact with sexual overtones.
TRUE
Asking about one’s sex life, sexual fantasies, preferences, or history ____ be sexual harassment.
COULE
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.
SHALL
The CHP 237A is to be retained in the employee’s personnel file _________.
UNTIL SEPARATION FROM STATE SERVICE
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.
TRUE
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.
qualified
Broken limbs, sprains, concussions, appendicitis, common colds, or influenza generally would ____be disabilities.
NOT
The ADA and FEHA provide limited protection from discrimination for recovering drug addicts and alcoholics.
TRUE
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.
TRUE
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.
not
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.
may not
The Department IS required or obligated, to ensure that its communications with persons with disabilities are as effective as its communications with others.
TRUE
May the Department charge a person with a disability for the use of an auxiliary communications aid?
NO
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.
TRUE
Generally, it is the _______ obligation to request a reasonable accommodation.
INDIVIDUALS
In almost all situations, a completed CHP 163 is considered a ____ _____ because it normally contains information related to physical or mental disabilities.
medical document
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.
TRUE
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.
TRUE
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.
SHALL
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.
TRUE
Requests for reasonable accommodation must be submitted by the employee to their Division/Area/section commander utilizing the _____.
CHP 163- REASONABLE ACCOMMODATION REQUEST
