10.12 Equal Employment Opportunity

Question 1

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

Answer 1

Harrassment

Question 2

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

Answer 2

unlawful

Question 3

Name the three recognized categories of race:

Answer 3

negroid, mongoloid, and caucasoid. 6,000 ethnic groups within these three categories

Question 4

A discrimination complaint based on race may also be based on the ___ that a person is a member of a particular ethnic group.

Answer 4

perception

Question 5

Religion: A followed spiritual belief. It does not have to be an organized group, traditional denomination, or world religion. However, the employee must ______________

Answer 5

demonstrate their faith is a truly held belief

Question 6

_____ ______. A person’s own sense of identification as male or female, as manifested in appearance, behavior, and other aspects of a person’s life culturally attributed to masculinity or femininity, or the perception of a person’s gender.

Answer 6

Gender identity

Question 7

_________ 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 if the complaint is founded or unfounded.

Answer 7

Retaliation

Question 8

_____________________ states: “It shall be an unlawful employment practice for an employer… to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”

Answer 8

Title VII, Section 703

Question 9

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

Answer 9

Same sex

Question 10

Sexual harassment is a form of ________

Answer 10

sex discrimination

Question 11

Government Code Section _______ states: “It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: (a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.”

Answer 11

12940 (basically refuse to hire law due to discrimination)

Question 12

Government Code Section _______ states: “A person shall not be discriminated against under this part on any basis listed in subdivision (a) of Section 12940, as those bases are defined in Sections 12926 and 12926.1, except as otherwise provided in Section 12940. A person shall not be retaliated against because he or she has opposed any practice made an unlawful employment practice, or made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this part. This subdivision is declaratory of existing law.”

Answer 12

19702 (a) (basically no retaliation law)

Question 13

Government Code Section _______ states: “By January 1, 2006, an employer having 50 or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment prevention to all supervisory employees in California who are employed as of July 1, 2005, and to all new supervisory employees within six months of their assumption of a supervisory position . . . After January 1, 2006, each employer covered by this section shall provide sexual harassment prevention training and education to each supervisory employee in California once every two years.”

Answer 13

12950.1 (a) (basically law requiring sexual harassment training, 2 hours worth)

Question 14

Courts have recognized two types of harassment under federal and state law - what are they?

Answer 14

quid pro quo and hostile work environment

Question 15

_____________________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.

Answer 15

quid pro quo harassment

Question 16

A __________________________claim occurs when unwelcome sexual conduct 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.

Answer 16

hostile work environment

Question 17

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:

Answer 17

(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

Question 18

What is the CHP Harassment Prevention and Discrimination Policy Admonition?

Answer 18

CHP 237A

Question 19

Sexual harassment training is conducted every ____years.

Answer 19

2

Question 20

The California Highway Patrol (CHP) is legally mandated to prohibit discrimination against persons with disabilities and is required to encourage their employment. Which two federal laws which describe these requirements?

Answer 20

1. The Rehabilitation Act of 1973.

2. The Americans with Disabilities Act of 1990

Question 21

Before making an offer of employment, the Department, ____ ask questions about an applicant’s ability to perform the specific functions of the job.

Answer 21

May

Question 22

Through the utilization of __________, the Department has realized increases in representation of persons with disabilities within the nonuniformed ranks

Answer 22

LEAP (Limited Examination and Appointment Program)

Question 23

A service animal can only be a canine or a ______________?

Answer 23

miniature horse

Question 24

A complaint ______ be filed within ___ ________ days after the complainant becomes aware of the alleged violation.

Answer 24

should, 30 calendar

Question 25

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

Answer 25

50 calendar days

Question 26

True or False. 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.

Answer 26

True

Question 27

Employees/applicants are required to provide _______ substantiation to support the reasonable accommodation request.

Answer 27

medical

Question 28

There are five basic types of reasonable accommodation requests to which the Department must respond. They are:

Answer 28

(1) Requests for accommodation in the civil service examination process, including the job interview stage, which allow a candidate with a disability to compete with nondisabled candidates as equally as possible;
(2) Requests for accommodation to allow a person with a disability to perform the essential duties of the job to which they were newly hired or transferred;
(3) Requests for accommodation to allow an employee with a disability to continue to perform the duties of their current position;
(4) Requests for accommodation to allow an employee with a disability to participate in training activities available to nondisabled employees for job improvement and self-development; and,
(5) Requests for accommodation to allow an employee with a disability to have equal access to services and privileges afforded to nondisabled employees.

Question 29

All EEO counselors shall attend recertification training at least once every _____ months.

Answer 29

24

Question 30

The departmental internal discrimination complaint process is available to departmental employees, including cadets, and contains two distinct levels: The ______ level (EEO counselors) and the _______ level (EEO investigators).

Answer 30

informal, formal

Question 31

In the Informal Level, the complainant has ___ months from the last incident to contact an EEO counselor regarding discrimination-related issues.

Answer 31

11

Question 32

True or False. The EEO counselor shall inform their immediate supervisor that they have received an informal complaint and request the necessary time off from their regular assignments.

Answer 32

True

Question 33

What is a term interpreted to mean that employment decision 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?

Answer 33

Bona fide Occupational Qualifications

Question 34

What do you call an individual of a protected group that is shown to have been singled out and treated less differently, usually less favorably, than other employees similarly situated?

Answer 34

Disparate Treatment

Question 35

What type of evidence is used as a standard for evaluating the weight of the evidence? Under this standard or test, the trier of fact must believe that it is more possible that the facts are true or exist than it is that they are false and do not exists?

Answer 35

Preponderance of Evidence

Question 36

What will the alleged discriminatory employee be issued at the conclusion of the investigation?

Answer 36

memo of findings

Question 37

Racial epithets/slurs may require how may incidents to establish a violation of policy?

Answer 37

one

Question 38

If during an interview, evidence relating to possible misconduct is discovered which could result in an adverse action, what should the interviewer do?

Answer 38

terminate the interview immediately as to not violate POBR

Question 39

Is prior approval needed to record a statement during an EEO investigation?

Answer 39

No

Question 40

Title VI of the Civil Rights Act of what year?

Answer 40

1964

Question 41

California law prohibits an employer from retaliating against an employee who engages in protected activity under the _____ which is contained in California Government Code Section 12940, subdivision (H).

Answer 41

Fair Employment and Housing Act

Question 42

Do employees have the right to file a complaint alleging retaliation directly with EEOC, or Department of Fair Employment and Housing without first filing through the internal discrimination complaint process, if the complainant does not want to file their retaliation complaint with the Department

Answer 42

Yes

Question 43

It is the policy of the CHP to treat employees and the public we serve with ____ and ____ and to ensure our practices are ethical and equitable

Answer 43

respect, fairness

Question 44

Penal Code Section 422.55 defines a hate crime as : “A criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:

Answer 44

(a) Disability, (b) Gender, (c) Nationality, (d) Race or ethnicity, (e) Religion, (f) Sexual Orientation, (g) Association with a person or group with one or more of these actual or perceived

Question 45

According to the terms and conditions of the settlement agreement between Curtis V. Rodriguez v. California Highway Patrol, the Department is required to restate existing policy regarding traffic enforcement stops and racial profiling or racial discrimination issues. List the two conditions:

Answer 45

(1) The CHP agrees that CHP officers may not engage in racial profiling or racial discrimination of any kind. (2) The CHP affirms it existing policy prohibiting racial profiling as follows: “CHP officers shall not engage in racial profiling or racial discrimination of any kind and this type of behavior is prohibited and will not be

Question 46

The department provides both classroom and online training on Cultural Diversity, Racial Profiling, Hate Crimes and Ethics. How many hours is the duration of the classroom training?

Answer 46

8

Question 47

All employees of the CHP are required to participate in online training ____, every ____ numbered calendar year.

Answer 47

biennially, odd

Question 48

10. When Division commanders pick the four required instructors for Cultural Awareness, instructors shall be at the rank of ____ or above and exemplify and promote the importance of this training

Answer 48

Lieutenant

Question 49

CHP will adhere to the Dymally-Alatorre Bilingual Services Act by conducting a language survey every _____ years.

Answer 49

two

Question 50

What office is responsible for monitoring the Department’s compliance with the Dymally-Alatorre Bilingual Services Act?

Answer 50

Office of Equal Employment Opportunity

Question 51

Name the Program which is aimed at providing information on the methods, options, and resources available to achieve program objectives and departmental upward mobility goals for employees with recognized skills and potential

Answer 51

Upward mobility program

Question 52

Every state agency conducts a biennial statewide language survey and reports its findings to the Department of Human Resources (CalHR) “what date” of every even numbered year.

Answer 52

October 1st/ same date for the “plan” is due to calhr but on the odd numbered years

Question 53

In an effort to provide greater assistance to the public, Office of Equal Employment Opportunity (OEEO) will serve as resource and provide guidance to a
command which has been identified with a public contact rate of _____ percent or more, in any given language.

Answer 53

2.5 percent