10.12 Equal Employment Opportunity Manual Flashcards
Office of Equal Employment Opportunity reviews, processes, and submits finalized investigations to state and federal compliance agencies such as (name two):
- Department of Fair Employment And Housing (DFEH)
- Equal Employment Opportunity Commission (EEOC).
Employment discrimination, including harassment, based on the following protected groups is prohibited by law (16):
- Race
- Color
- Religion
- National Origin
- Ancestry
- Age (40 and over)
- Sex (sexual harassment / gender identity)
- Physical or mental disability
- Political Affiliation / Opinion
- Marital Status
- Sexual Orientation
- Medical Condition
- Retaliation
- Military and Veteran Status
- Genetic information
- Gender, Gender Identity and Gender Expression
Definition of Harassment:
Pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected group.
Harassment becomes illegal when:
The conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to be considered hostile, intimidating, or abusive; as measured by the reasonable person standard.
What is the definition of sexual harassment?
Unsolicited and unwelcome sexual advances, requests for sexual favors, and other verbal, physical, visual/written
conduct of a sexual nature when:
- Submission is made either explicitly or implicitly a term or condition of employment
- Basis for employment decisions, unreasonably affects work performance and/or creates an intimidating, hostile, or offensive working environment
Define Age Discrimination and is anyone excluded?
-The ADEA applies to persons 40 years of age and over.
-Public Health or Safety Classifications are excluded
Medical Condition refers to only two items, what are they?
Employee/applicant has or had cancer, and genetic characteristics (e.g., sickle cell anemia, Tay-Sachs Disease, hemophilia).
RE: Sexual Harassment - California Fair Employment and Housing Act (FEHA), and California Government Code (GC) Sections 12900 - 12996, apply to employers with ____ or more employees
15
Sexual Harassment is a form of discrimination originally contained in what federal act:
Title VII of the federal Civil Rights Act of 1964
GC Section 12950.1(a): an employer having 50 or more employees shall provide at least ___ hours of classroom or other effective interactive training and education regarding sexual harassment prevention to all supervisory employees.
How Often:
2 hours
Every 2 years
Courts have recognized which two types of sexual harassment under federal and state law?
- Quid Pro Quo
- Hostile Work Environment
RE: Sexual Harassment – What is the definition of quid pro quo?
“submission to or rejection of (unwelcome sexual) conduct by an individual is used as the basis for employment decisions affecting that individual,”
RE: Sexual Harassment - What is the definition of a hostile work environment?
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.
True or False
Hostile work environment may also occur on the basis of other protected groups (e.g., race, disability, national origin).
True
True or False
It is the Managers responsibility to Ensure supervisors within their command receive both initial and refresher training on sexual harassment prevention.
False (commander)
RE: Sexual Harassment – What is the role of the Manager/ Supervisor (Name 4):
- Take immediate action
- Timely and appropriate action
- Atmosphere free of discrimination
- Maintain business like environment
Yes or No
RE: Sexual Harassment - Are employees required to tell the offending employee to stop their harassment?
No, but encouraged
RE: Hostile Work Environment – How do you determine whether sexual harassment has risen to a hostile environment?
The Supreme Court: “sufficiently severe or pervasive to alter the conditions of [the victim’s] employment and create an abusive working environment.”
RE: Hostile Work Environment
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:
- Conduct must be of a sexual nature
- The behavior must be unwelcome
- The behavior must be severe or pervasive enough to create a hostile,
intimidating, or offensive work environment.
RE: Sexual Harassment – The victim is not required to confront the harasser, but what must they do?
Demonstrate in some manner the behavior was unwelcome.
Yes or no
In order to be in violation of the law, must sexual harassment be pervasive?
No
“A single, unusually severe incident of harassment may be sufficient. The more severe the harassment, the less need to show a repetitive series of incidents. This is
particularly true when the harassment is physical.”
If an employee initially participates in conduct of a sexual nature, what must they do before filing a hostile work environment complaint?
An employee in this situation bears the burden of showing that further conduct is unwelcome, work related harassment. To do so, the employee must clearly notify the individual that the conduct is no longer welcome.
Sexual harassment can come in what 5 forms?
- Written
- Verbal
- Physical
- Visual
- Other
During their annual review or after completing training, managers and supervisors shall have an employee sign what form?
CHP 237A (Sexual Harassment Prevention and Discrimination Policy Admonition)
What agency definitions does the CHP use when referencing employment issues related to the Persons with Disabilities Program?
California Fair Employment and Housing Act (FEHA)
The Department’s Persons with Disabilities Program has two major objectives to ensure compliance with federal and state laws. What are they?
- reach, attract, and employ qualified persons with disabilities
- ensure all qualified individuals with physical and/or mental disabilities have access to any programs, services, and/or activities under the jurisdiction of the Department for which they are eligible.
The American with Disabilities Act (ADA) guarantees what?
Equal opportunity for individuals with disabilities in employment, public accommodations, transportation, state and local government services, and telecommunications.
What is the program definition for Persons with Disability?
- physical or mental impairment which limits one or more of that person’s major life activities
- “Has a record of or history of” such impairment 3. “Is regarded as having” such an impairment (treated by employer as an impairment)
True or False
The broader definition (ADA) of Persons with Disabilities shall be applied.
True