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
True or False
Defined by law, an alcoholic is a person with a disability?
True
Define reasonable accommodations.
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. This begins with the initial examination.
Who is entitled to reasonable accommodations?
A qualified individual who meets the definition of a person with a disability
When can a request for reasonable accommodations 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.
Who is responsible for processing a CHP 163, Reasonable Accommodation Request, upon receipt?
How many days do they have to respond in writing to the employee/applicant?
Commander
10 days
True or False
A CHP 163 (reasonable Accommodation Request) shall be maintained in the employee’s personnel file?
False
It is a medical record so it needs to be in the Medical File
What are the 5 types of reasonable accommodation requests?
- exam process
- perform essential duties
- continue to perform duties
- participate in training
- equal access and privileges
Can a commander request an employee to provide medical proof of the need for a reasonable accommodation?
Yes
The employee has 21 calendar days to submit.
The Department has a return to work coordinator. Where are they located?
Disability and Retirement Unit and OEEO.
Can an employee appeal denial of reasonable accommodations?
Yes. In writing, within 5 working days of either the receipt of the denial or exhaustion of the ten working-day period without a response. These appeals shall be made to the Office of the Commissioner through OEEO.
Name the two state agencies and two federal agencies that can handle discrimination complaints?
(1) The designated state agencies include the Department of Fair
Employment and Housing (DFEH) and the Department of Industrial Relations
(DIR).
(2) The designated federal agencies include the Equal Employment
Opportunity Commission (EEOC) and the Department of Labor.
RE: EEO – What are the commander’s responsibilities?
- Post name and phone numbers for EEO counselors.
- Provide full support to the EEO counselor program and attempt
informal resolution if the EEO counselor is unable to resolve the issue(s). - Provide location for private meetings
- attempt to resolve complaints
- Caution about retaliation
Who is the overall administrator of the discrimination complaint process?
OEEO commander
What is the role of an EEO counselor?
To establish and provide an open channel of communication through which employees may raise questions, discuss concerns, receive answers, and obtain informal resolutions. They are separate from formal complaint process. Tries to resolve issue before it becomes a complaint.
What is the role of an EEO investigator?
Responsibility for inquiring into, and reporting findings of fact on, formal complaints.
Shall not make a final decision about the merits of the complaint. They only gather evidence and present the facts.
True or False
An EEO investigator may be of the same rank as the employee under investigation?
False
The EEO investigator shall be at least one rank higher than any alleged
discriminatory employee.
After the EEO investigator completes his investigation, who determines if there was a violation of departmental policy?
Division Chief
EEO investigators shall attend recertification training every ___ months.
24
Complaints filed with Federal Equal Employment Opportunity Commission must be filed with _____ days of the last incident or notification of the discriminatory act. The covered acts include: race, color, religion, national origin, age, sex (includes sexual harassment), disability, equal pay/compensation, genetic
information, pregnancy, and/or retaliation
300 days
Complaints filed with Federal Department of Labor must be filed with _____ days of the last incident or notification of the discriminatory act. The covered acts include disability and veteran status.
300 Days
Complaints filed with California State Department
of Fair Employment and Housing must be filed with _____ days of the last incident or notification of the discriminatory act or date of discharge. The covered acts include race, color, religion, national origin, ancestry, age (40+, sex (including
pregnancy), disability (mental or physical, including human immunodeficiency
virus (HIV) and acquired immunodeficiency syndrome (AIDS), marital status,
sexual orientation, medical condition, denial of FMLA, and/or retaliation.
365 days
Complaints filed with California Department of Industrial Relations must be filed with _____ days of the occurrence of the alleged discriminatory or retaliatory act. What are the two exceptions:
180 days
Retaliation against victims of domestic violence or sexual assault = 1 year
Being paid less than an employee of the opposite sex doing the same work =
2 years
Informal Process - The complainant has ___ months from the last incident to contact an EEO counselor regarding discrimination-related issues.
11
Re_ EEO Couselors: If complaint is resolved complete a CHP 612B within ___ days.
If it is not resolved, a CHP 612B should be completed within ____ days.
5 working days
20 working days
If the employee is not satisfied with the EEO counselor’s inquiry, they have the right to file a complaint with the Division Chief with ____ days of the receipt of the 612B.
10 working days
Employees who allege discrimination as the motive for an adverse action (AA) or rejections during probation (RDP) must file an appeal directly with the Commissioner?
True or False
False
SPB
Investigation File: Evidence gathered during an investigation shall be retained for a minimum of ____ years or the life of the investigation file, whichever is longer.
5
EEO Invest: All interviews of employees and non-employees shall be recorded.
True or False
False
Employees shall. Non-employee shall, but can object.
What is the font used in an EEO investigation report?
Aerial 12
What is the format for an EEO Complaint Investigation?
- Title Page
- Table of Contents
- Complaint Summary
- Investigative Summary
- Findings
To establish a prima facie case of retaliation, an employee must show:
(3 things)
- Employee engaged in a protected activity;
- The employer subjected employee to an “adverse action;” and,
- A causal link exists between the protected activity and the adverse action.
EEOC definition of AA is “an action taken to try and keep someone from opposing a discrimination practice, or from participating in an employment discrimination proceeding.”
In accordance with EEOC, retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because they engaged in a protected activity. The three elements are:
- Adverse Action
- Covered Individual
- Protected Activity
Hate Crime: 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:
Disability;
Gender;
Nationality;
Race or ethnicity;
Religion;
Sexual orientation; and/or Association with a person or group with one or more of these actual or perceived characteristics
What is the definition of Racial Profiling?
Penal Code Section 13519.4(e) defines racial profiling as: “the practice of detaining a suspect based on a broad set of criteria which casts suspicion on an entire class of people without any individualized suspicion on the particular person being stopped.”
Racial profiling and cultural awareness training must be conducted for law enforcement officer at least every 5 years by law. However, the CHP conducts classroom training every ___ years and online training every ___ years.
What rank shall instruct these classes?
2
2 (conducted on odd years)
Lieutenant or above
Bilingual positions are filled when the number of LEP persons, in any given language, comprises ____ percent or more of the public contacts experienced by any local office of a state agency.
5
Laws covering “upward mobility” are covered in which code?
Government
Upward mobility is defines as________________.
movement from low-paying classifications with minimal career opportunities into higher paying classifications within the Department with broader career opportunities.
What are the components of the upward mobility program?
a. Career counseling;
b. Academic counseling;
c. In-service and out-service training;
d. Training and development assignments;
e. On-the-job training; and,
f. Job restructuring
What form contains the CHP upward mobility plan for employees
CHP 50B
Participation in the Upward Mobility Program is/is not a guarantee of promotion.
Is not
An Upward Mobility Plan terminated for any reason shall be forwarded through the appropriate Division to Equal Employment Opportunity Unit within ___ days of termination
30
It is a major goal of this department/CHP to achieve and maintain a work force representative of ______________________________ and the community it serves.
The relevant work force
In the California Highway Patrol, the workforce analysis is completed by __________________.
Office of Equal Employment Opportunity.
