10.12 Equal Employment Opportunity Manual 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:
a. Title VII of the Civil Rights Act of 1964
b. California Fair Employment and Housing Act
c. Government Code Sections 12940 and 19702(a)
d. All of the above
D. All of the above
All efforts to provide equal opportunity in employment practices ______ be made on the basis of merit, efficiency, and fitness consistent with state civil service and merit system principles.
Will
Managers and supervisors are______ for maintaining a work environment free of discrimination and harassment and for providing reasonable accommodation to qualified employees with disabilities to assist them with performing the essential functions of their positions.
responsible
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 _______ employees within their command.
All Employees
Each employee is responsible for ensuring their conduct adheres to the Department’s EEO Program 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 provide a climate of support for 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 except:
a. Equal Employment Opportunity Training for Staff
b. Diversity Training
c. Sexual Harassment Training
d. Academy Equal Employment Opportunity Training
e. Equal Employment Opportunity Counselor Presentations
d. Academy Equal Employment Opportunity Training
The California Fair Employment and Housing Act (FEHA) and the California Code of Regulations, Title 2,______ harassment of employees, applicants, unpaid interns, and persons providing services pursuant to a contract by any persons including volunteers and require employers to take all reasonable steps to prevent harassment.
prohibit
True or False:
Harassment is defined as pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected group.
True
True or False:
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.
True
Offensive conduct may include, but is not limited to:
a. Verbal harassment, e.g., epithets or name calling, offensive jokes, derogatory comments, or slurs.
b. Physical harassment, e.g., physical assaults or threats, impeding or blocking movement, or any physical interference with normal work or movement, when directed at an individual.
c. Visual forms of harassment, e.g., derogatory posters, cartoons, or drawings.
d. Sexual favors, e.g., offering employment benefits in exchange for sexual favors.
e. All of the above.
E. All of the above
An employee who engages in unlawful harassment of a coworker is______ for the harassment regardless of whether the employer knew or should have known of the conduct and/or failed to take appropriate corrective action.
personally liable
“______” 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
True or False:
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.
6000
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
True or False:
Sexual harassment 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.
True
True or False:
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 policy of the California Highway Patrol (CHP). That the working environment be free of ______ including sexual harassment.
discrimination
______ and ______ disciplinary action will be taken against those individuals determined to be in violation of HPM 10.12, up to, and including, termination.
Immediate/ Appropriate
True or False:
Quid pro quo 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.
True
A hostile work environment claim occurs when______ 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
unwelcome
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
b. Hostile work environment
c. Both
C. Both
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 ______ for the inactions of that manager/supervisor.
Held liable
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. Morally
b. Legally
c. Ethically
d. Publically
B. legally
______assure a favorable working atmosphere free from sexual harassment and other discriminatory practices for all employees.
Supervisors
Employees who feel they are victims of sexual harassment are ______ to inform the individual their behavior is unwelcome, offensive, in poor taste, or highly inappropriate; as required by departmental policy, federal and state law.
Encouraged
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, “______does not serve as a vehicle for vindicating the slights suffered by the hypersensitive.”
Title VII
True or False:
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
True or False:
Asking about one’s sex life, sexual fantasies, preferences, or history is sexual harassment.
True
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______ to first seek informal assistance and counseling from an EEO counselor or appropriate supervisory and management personnel.
encouraged
For employment purposes, a person with a disability______ be qualified 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.
must
Broken limbs, sprains, concussions, appendicitis, common colds, or influenza generally______ be disabilities.
would not
The ADA and FEHA provide______ protection from discrimination for recovering drug addicts and alcoholics.
limited
An individual who is currently engaging in illegal use of drugs ______ an “individual with a disability” when the employer acts on the basis of this illegal use
Is not
The Department______ prohibit illegal use of drugs and use of alcohol at the workplace. It is not a violation of the law for the Department to give tests for illegal use of drugs
May
The Department______ not 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
The Department is required or obligated, per Federal law, to ensure that its communications with persons with disabilities are as______ as its communications with others.
effective
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______ 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.
logical adjustment
Generally, it is the ______ obligation to request and satisfy a reasonable accommodation for an employee.
Individual’s
In almost all situations, a completed______ is considered a medical document because it normally contains information related to physical or mental disabilities.
CHP 163
Should a disability affect the employee’s ability to complete essential functions of their assigned position, they have the______ to request an accommodation to the disability in order to perform the essential functions of the job.
right
True or false:
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 shall be provided by the employee/applicant within______ 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.
21
True or False:
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 ______.
CHP 163
True or False:
The establishment of the internal EEO complaint process does not diminish the Department’s continuing cooperation with designated state and federal agencies in attempts to resolve discrimination complaints filed with those agencies.
(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.
True
For a formal EEO complaint, an impartial, trained, EEO investigator will be assigned to the complaint within ______ working days of receipt of complaint.
5
California State Department of Fair Employment and Housing: complaint must be filed within______ days of the last incident or notification of alleged discriminatory act(s).
365
California Department of Industrial Relations: complaints must be filed within______ days after the occurrence of the alleged discriminatory and/or retaliatory action (with exceptions).
180
For an internal-informal complaint, the complainant has______ from the last incident to contact an EEO counselor regarding discrimination-related issues.
11 months
The complainant who is not satisfied with the results of the EEO counselor’s inquiry (informal complaint process) may file a discrimination complaint with the Division chief within ______ working days from the date of receipt of the EEO counselor’s CHP 612B
10
In accordance with EEOC,______ occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because they engaged in a protected activity.
retaliation
True or False:
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.”
True
