32 - PM 39-06 Flashcards
What type of tolerance does Fairfax County Government have for any form of harassment.
Zero
This is unwelcomed conduct, whether verbal, physical, or visual, that a reasonable person, in the same position as the victim, would find to be hostile, offensive, or intimidating and which serves no lefitimate governmental purpose.
Harassment
Sexual Harasment is a form of harassment based upon what?
An individual’s gender
What are the two forms of sexual harassment?
Quid pro quo and hostile work environment
When does quid pro quo sexual harassment occur?
When the employment is threatened
Discrimination includes what two things?
Both Intentional Discrimination and Disparate Impact Discrimination
Define Retaliation
Taking action against a County employee, applicant or volunteer who has opposed discrimination
If discrimination, harassment, or retaliation is either witnessed or reported to a supervisory personnel, what should that individual do?
They have an affirmative durty to report the conduct
The duty to report discrimination, harassment, or retaliation by management includes ensuring that a prompt and thorough investigation is conducted unless what?
Unless the duty to investigate such conduct has been assigned to OHREP
In situations involving a violatin for which formal discipline is not warranted, what appropriate action should management take?
Coaching the person and maintaining a record that the coaching occurred
When the alleged harassment, discrimination, or retaliation involves a supervisory employee who then should enforce the provisions?
The agency shall designate another supervisor to implement the relevant provisions of this policy
Are complaints about discrimination, harassment, and retaliation subject to the chain of command framework?
Complaints about discrimination, harassment, and retaliation are NOT subject to the chain of command framework
Can Emmployees grieve acts of harassment?
Employees may grieve acts of harassment
Who has a “duty” to report discrimination, harassment or retaliation that they learn about or witness?
Non-supervisory employees or volunteers are strongly encouraged to report discrimination, harassment or retaliation, while Supervisors have a duty to report it
Who should supervisors who receive complaints report the potential misconduct to?
His or her department director, department human resources manager, EEO officer, or OHREP
Who is responsible for ensuring that the complaint is investigated and resolved and remains responsible for taking corrective action, including disciplinary action, as appropriate?
The Department Director
If it is necessary to separate the accused from the alleged victim, how should this be accomplished?
Transferring the accused, not the victim
How often shall OHREP document and communicate to the complainant and the accused the status of the investigation?
Approximately every 30 days
After the investigation findings have been issued, OHREP will communicate with the complainant within what time, and again within what time.
30 days time, and again within 90 days time
New supervisors shall receive training within what time period of assuming a supervisory position.
Three months
Sexual harassment is based upon ones?
Gender
There are 2 forms of sexual harassment. Quid Pro Quo is one. What is the other?
Hostile work enviroment
Harassment is more than what?
A simple lack of courtesy
Gender based sexual harassment is based on sexual orientation and what?
Gender identifiction
What does disparate impact discimination mean?
Unintentional discrimination
What one of the following is NOT grounds for sidcrimination based on race?
Country of origin
Can a close associate who aposes discrimination be retaliated against?
Yes
If a violtion is found but not warrenting formal discipline, what is the appropriat action?
Coaching the accused
When aligations are files against a suppervisory employee with responcabilitys to enforce provisions of section 4.D, 6.C, 6.D, OR 8. Who is designated to conduct the investigation?
Another supervisor
Complaints about discrimination, harassment, and retaliation are not subject to the chain of caomand. What agency below in NOT part of this?
Parks nd recreation
In addition to the complaint process through OHREP, what also is allowed by chapter 17 of the countys Personal Regulations?
Grievences
If a member of the public wishes to file a complante, they can contact OHREP and who?
The respective department head
When reporting discrimination, harrasment, and retaliation there are 4 people that need to be informed. Your supervisor, OHREP, your department head and who?
EEO officer
If your complante is against your suporvisoror you do not feel comfortble telling them, who can you tell?
Another suporvisor
There are 2 groups that can overide a departments directors decision reguarding who will investigate a complaint and who shall have final authority over the investigation?
OHREP and county executive
What time frame must an investigation begin?
As soon as practical
When an investigation is started, it will deturmin if violations of this policy, the code of ethics, or 1 other document has occurred.
Standard of Conduct
The investigation shall deturmin if the accused and victom should be seperated. If it is found that seperation is warrented, who gets moved?
The accused
After the investigation is over, and the findings have been issued. OHREP will communicate with the victom 2 times to ensure there is no retaliation. What is the time frame?
30 and 90 days
If you are found in violation, remedial training will occur. It shall be in addition to routine training. Wha is the time frame such training shall occur?
1 Month
The Fairfax County Government strictly prohibits all forms of harassment and what?
Discrimination
Harassment is unwelcome conduct, whether verbal, physical, or visual as viewed from what view?
A reasonable person
The means used to harass or engage in any other form of discrimination or retaliation is ?
Irrelevant
What is a form of harassment based upon an individual’s gender?
Sexual harassment
Sexual harassment that is of a sexual nature can come in the form of all of the following except what?
Uninvited
What harassment occurs when the submission to the conduct is made an explicit or implicit term or condition of employment?
Quid pro quo harassment
Even if not carried out, Quid pro quo sexual harassment occurs when the employment action is what?
Threatened
Sexual harassment that occurs when the conduct has the purpose or efect of unreasonably interfering with work or creates an intimidating, hostile, or offensive work environment is called what?
Hostile work environment
Examples of hostile work environment harassment that is of a sexual nature includeall of the following except what?
Sexual pressure
Harassment based upon an individual’s sexual orientation and gender identity is called what?
Gender-based sexual harassment
Discrimination includes what two things?
Intentional discrimination & Disparate impact discrimination
Retaliation includes all of the following types of action towards a County employee except what?
Write-up
Ensuring that a prompt and thorough investigation is conducted is called what?
Duty to report
Complaints about discrimination, harassment and retaliation are not subject to what framework?
Chain of command
Members of the public who wish to file a complaint alleging harassment, discrimination or retaliation by a County employee or volunteer should be directed to contact who?
OHREP
If the employee is unsure who is given the report of discrimination, harassment or retaliation it should be reported to who?
OHREP
Who has a duty to report discrimination, harassment or retaliation that they learn about or witness?
Supervisors
Even if complaints are not ultimately sustained and are made in good faith they will not be considered what?
False accusations
Who shall report to OHREP all complaints of harassment, discrimination, or retaliationoccuring within their departments?
Department directors
How soon after a complaint is received shall it be reported to OHREP?
Immediately
Fairfax County Government has zero tolerance for any form of harassment, discrimination, or retaliation, even if not prohibited under what Title of the Civil Rights Act of 1964?
Title VII
What are the two forms of sexual harassment?
Quid pro quo and hostile work environment
Discrimination includes both intentional discrimination and disparate impact discrimination. What is disparate impact discrimination?
Neutral employment policies and practices that are not job-related and that disproportionately affect a protected class
Personnel who report such discriminatory/harassment conduct should follow the reporting procedure outlined in what section of this policy?
6.C.ii
The duty to report includes ensuring that a prompt and thorough investigation is conducted in accordance with what section of this policy?
6.C.
In situations involving a violation for which formal discipline is warranted, appropriate action shall include imposing discipline in accordance with what Chapter of the Personnel Regulations?
Chapter 16
In situations involving a violation for which formal discipline is not warranted, what actions are considered appropriate?
Coaching and maintaining a record
What is different regarding complaints about discrimination, harassment, and retaliation involving county paramilitary agencies, including the Police Department, the Fire and Rescue Department, and the Sheriff’s Office?
They are not subject to the chain of command framework
Who should members of the public wishing to file a complaint alleging harassment, discrimination, or retaliation by a County employee or volunteer be directed to contact?
Office of Human Rights and Equity Programs
After the investigative findings have been issued, OHREP will communicate with the complainant within 30 days and again within how many days to ensure that the complainant has not experienced any retaliation?
90
What is unwelcomed conduct, whether verbal, physical, or visual, that a reasonable person, in the same position as the victim, would find to be hostile, offensive, or intimidating and which serves no legitimate governmental purpose?
Harassment
What is a form of harassment based upon an individual’s gender?
Sexual harassment
Chose the incorrect option. Reports of discrimination, harassment, and retaliation should be made to?
Fire chief
When should the investigation of harassment, disrimination, and retaliation begin and be performed impartially and in an otherwise appropriate manner?
As soon as practical
After the investigative findings have been issued, when will OHREP communicate with the complaintant?
Within 30 days
Remedial training resulting from Investigations shall occur within how many months of the finding that the individual committed the violation and shall be in addition to, not in lieu of, the routine training provided in section 8.A. of this policy?
1 month
County employees and volunteers shall receive training on “policy and procedures on discrimination, harassment, and retaliation” when they are hired and how often for routine training?
Every 2 years
Copies of this policy, as well as the contact information—including names, emails, and phone numbers—of the individuals and offices where complaints may be reported, are posted in conspicuous places in common areas, e.g., employee bulletin boards, lunchrooms, administrative offices, etc. How often shall each agency review and update, as necessary, the posts?
Every 6 months
What is it called when sexual harassment conduct has the purpose or effect of unreasonably interfering with work or creates an intimidating, hostile, or offensive work environment?
Hostile work environment sexual harassment
Documentation of all training provided to county employees and volunteers shall be kept electronically by the county’s online training system. How often shall each county agency audit whether county employees and volunteers within the agency have been trained?
Quarterly
What type of tolerance does Fairfax County Government have for any from of harassment?
zero
Sexual harassment is a form of harassment based upon what?
an individual’s gender
Which of the following is not a form of discrimination based on this policy?
financial situation
Fairfax County Government policy 39-06 follows what amended act?
Title VII Civil Rights Act of 1964
What are the two forms of sexual harassment?
quid pro que and hostile work environment sexual harassment
Which of the following is not an example of a hostile work environment?
rejection of an opportunity
When given a military status how many days will be provided?
180
What is general based harassment?
occurs when the harassment is based upon one’s gender; it does not need to be sexual in nature
What is discrimination?
is the basis of an individual’s race, sex, color, national origin, creed, age, religion, disability, political affiliation, union affiliation, marital status, military status, and genetic information in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment is prohibited
What is the meaning of retaliation?
taking disciplinary action, harassing, or otherwise taking action against a County employee, applicant, or volunteer, or his or her close associates, who has opposed discrimination (including filing an informal or formal complaint) or participated in an investigation or other proceeding (such as a lawsuit) regarding discrimination
Discrimination includes what two things?
intentional discrimination and disparate impact discrimination
When does quid pro quo sexual harassment occur?
when the employee is threated
Can employees grieve acts of harassment?
employees may grieve acts of harassment
What needs to be completed at the end of the investigation?
a written report
If a complaint is made who shall OHREP not notify?
assistant director
If its necessary to separate the accused from the alleged victim, how does this get accomplished?
transferring the accused but not the victim
Who is responsible for ensuring that the complaint is investigated and resolved and remains responsible for taking corrective action, including disciplinary actions as appropriate?
department director
How often shall OHREP document and communicate to the complainant and the accused the status of the investigation?
approximately 30 days
After the investigation findings have been issued, OHREP will communicate with the complainant within what time period?
30 days time, and again with 90 days of time
New supervisors shall receive training within what initial training period after being promoted?
3 months
How many forms of sexual harassment are there?
2
What are the forms of sexual harassment?
Quid pro quo & hostile work environment
Which form of harassment includes harassment based upon an individual’s sexual orientation and gender identity?
gender-based sexual harassment
Discrimination on the basis of an individual’s race, sex, color, national origin, creed, age, religion, disability, political affiliation, union affiliation, marital status, military status, and genetic information in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment is what?
Prohibited
What is defined as, taking disciplinary action, harassing, or otherwise taking action against a County employee, applicant, or volunteer, or his or her close associates, who has opposed discrimination (including filing an informal complaint) or participated in an investigation or other proceeding regarding discrimination?
Retaliation
In situations involving a violation for which formal discipline is not warranted, what would an appropriate action be?
Coaching the person and maintaining a record that the coaching occurred
Who is responsible for monitoring their work environments to ensure full compliance with PM 39-06?
All supervisory and management personnel
What is not subject to the chain of command framework administered by County paramilitary agencies, including the Police Department, Fire and Rescue Department, and the Sheriff’s Office?
Complaints about discrimination, harassment, and retaliation
If a member of the public wishes to file a complaint alleging harassment, discrimination, or retaliation by a County employee or volunteer, who should they be directed to contact?
OHREP
If an employee or volunteer belives they are being harassed and is comfortable doing so, what is the recommended action they should take?
Make clear to the offending person that their behavior is unwelcomed and offensive and request that it stop
Who has a duty to report discrimination, harassment, or retaliation?
Supervisors
If they are unsure to which specific option, who should an employee or volunteer report misconduct in regard to discrimination, harassment, and retaliation?
OHREP
Other than harassment, discrimination, and retaliation, what else is prohibited by this policy?
Making intentionally false accusations
Non-supervisory employees and volunteers who witness or otherwise learn about discrimination, harassment, or retaliation are strongly encouraged to do what?
Report the misconduct
It shall be the appropriate department director’s decision to do what?
Investigate the complaint within his or her department or refer the complaint to OHREP for investigation
Regarding whom will investigate the complaint and notwithstanding sections 6.c.iii and 6.C.vi, OHREP or the County Executive may do what regarding who will investigate the complaint?
Overrule the department director’s decision
When interviewing the individuals involved, the investigator shall remind the interniewees about what?
The prohibition against retaliation
When separation of the responsible party and victim is warranted by the circumstances, the department shall accomplish this in what way?
Transfer the responsible party, not the victim
When the alleged conduct involves a department director or department of human resources manager, who shall conduct the investigation?
OHREP
If a finding is made that a County employee or volunteer is overdue for training under this policy, the County agency in which the employee works shall ensure that the training in completed forthwith and in no circumstances, later than how many days after the date the training became overdue?
90 days
What policies fall under 39-06?
harrassment and sexual harassment
What does Fairfax county government strickly prohibit against when someone reports harrasment?
retaliation
What type of harrassment is based on someone gender?
sexual harrassment
What are 2 forms of sexual harrassment?
quid pro quo and hostile work environment sexuaul harrassment
What is considered when you deny a subordinate training opportunities because of a race complaint?
retaliation
What is it considered if you exclude someone because of a foreign accent?
discrimination
what harrassment is based on sexual favors?
quid pro quo
what is Sexual innuendo considered?
hostile work enviroment harrassment
Do supervisory personnel have to report all conduct if only truly seen?
no it does not need to be severe or pervasive
which office do do get information about harrassment ?
OHREP
What chapter of county personnel regualtions can employees grieve acts of harrasment?
17
Who does the public file a complaint with about harrassment?
OHREP
When a charge of discrimination is filed with EEOC, who will investigate it?
OHREP
Who does OHREP notify if they receive the complaint directly?
the appropriate department head, department human resources manger and department EEO officer
What should the iterviewer remind the indivduals involved about?
retaliation
Who does department heads talk to about investigation procedures?
OHREP
Who is transferred if during the investigation shows the need for separation?
the responsible party
when do employees receive trainig on 39-06 policy?
when hired and every 2 years
What must every employee do after the conclusion of each training sessions?
sign a statement
What is this policy enactd under?
Title VII of the Civil Rights Act of 1964
Which of the following is not a protected category under Memorandum No. 39-06?
Previous employment history
Which of the following is not a protected category under Memorandum No. 39-06?
Level of Education
Which of the following is not a protected category under Memorandum No. 39-06?
Income Level
PM 39-06 prohibits what against employees who oppose ddiscriminatory conduct?
Retaliation
Fairfax County Government has what kind of policy for retaliation?
Zero Tolerance
The unwelcome conduct that a reasonable person, in the same position as the victim, would find to be hostile is what?
Harassment
The form of harassment based upon an individual’s gender is what?
Sexual Harassment
Quid pro quo sexual harassment occurs when?
When submission to the conduct is made an explicit condition of employment
Hostile work environment sexual harassment occurs when what happens?
When the conduct has the purpose of unreasonably interfering with work
Which of the following is not an example of hostile work environment that is sexual in nature?
Purposely damaged personal property
Which of the following is not an example of gender-based sexual harassment?
Sexually explicit emails
Which of the following is not a feature that falls under a protected class?
Clothing Style
Which of the follwing is not an example of retaliation?
Addressing a harassment claim from a superior
Complaints about discrimination are not subject to what specific portion of the fire service?
Chain of Command
Reports of discrimination should be made to any of the following except?
The media
The failure of an appointing authority to comply with the responsibilities outlined in PM39-06 will result in what?
A poor performance evaluation
Who is responsible for monitoring their work environment to ensue compliance with PM39-06?
All management personnel
In situation involving a violation for which formal discipline is not warranted, what is another outcome?
Maintaining a record that coaching occurred
Who does not fall under the military status protected class?
A parent of a uniformed service member
Complaints made in good faith but are unfounded can be disciplined how?
They will not be disciplined
PM 39-06 prohibits what against employees, applicants, client/customers, volunteers, and visitors who oppose discriminatory conduct or participate in an investigation or other proceedings regarding discriminatory conduct?
Retaliation
Fairfax County Government also strictly prohibits what against an individual who opposes discrimination or participates in an investigation or other proceeding regarding discriminatory conduct?
Retaliation
Fairfax County Government has what type of tolerance for any form of harassment, discrimination, or retaliation?
Zero
Violation of this policy by any employee or volunteer constitutes an act of what?
Serious misconduct
Harassment or any other form of descrimation or retaliation is a violation of this policy even when the conduct occurs when?
Use of personal devices or during non-work hours
Sexual harassment does not have to be of a what nature to be based upon gender.
Sexual
Quid pro quo sexual harassment occurs when the employment action is what even if it is not carried out?
Threatened
Discrimination based upon characteristics associated with a protected class are prohibited to what extent that discrimination based upon the protected class itself is prohibited?
Same extent
Supervisory personnel have what type of duty to report conduct that is reported to them or that they witness?
Affirmative
All supervisory and management personnel shall be responsible for monitoring their work environments to ensure what type of compliance?
Full
Who shall not harass, retaliate or otherwise discriminate against employees, or members of the public, including but not limited to clients, applicants, and visitors?
Employees and volunteers
It is strongly encouraged that who report conduct that they witness or learn about?
Non-supervisory employees & volunteers
Information and advice against discrimination, harassment and retaliation can be obtained how?
Contacting the Office of Human Rights and Equity Programs
Every precaution shall be taken to ensure privacy and discretion at this what type of stage?
Informal Inquiry
Supervisors who learn about or witness discrimination, harassment, or retaliation have a what to report it?
Duty
Employees may also file charges of harassment, retaliation and other forms of discrimination with the who?
United States Equal Opportunity Commission
If a complaint is made directly to OHREP, OHREP shall notify who?
Department director
The investigation must begin how quickly?
As soon as practical
When interviewing the individuals involved, the investigator shall remind the interviewees about what?
Prohibition against retaliation
After the investigative findings have been issued, OHREP will communicate with the complaintant within how many days and again within how many days to ensure that the complaintant has not experienced any retaliation?
30 days / 90 days
Where does one can find the County’s Workplace Violence Procedural Guidelines?
County’s security program
Who does the Fairfax County Government also protect against retaliation?
Individual who oppose discrimination
Which is more accurate about Fairfax County Government has zero tolerance for harassment even if not prohibited under:
Title VII of Civil Rights Act of 1964
Violation of this policy can result in disciplinary action, up to and dismissal for the employee and?
Disqualification for county volunteer
This policy is intended to further enforce the provisions of all the following except:
Station policies
What is considered more than a simple lack of courtesy by a County employee or volunteer?
Harassment
Choose the most accurate when it says, the means used to harass in any form of discrimination or retaliation is:
Irrelevant
It is considered a violation of this policy even when the conduct is through the use of personal devices or what else?
During non-work hours
What are the two different forms of sexual harassment?
Quid pro quo and hostile work environment
All of the following are examples of hostile work environment sexual harassment except:
Calling women or men derogatory names
Gender-based sexual harassment includes harassment based upon what?
Sexual orientation
What may discrimination be based upon when is upon one’s foreign accent?
National origin
The appointing authorities have the duty to report to include ensuring prompt investigation unless:
Investigation has been assigned to OHREP
What needs to happen when the violation does not warrant formal discipline?
Coaching the employee is appropriate
Who will be assigned to implement provisions of the policy if a supervisory employee is involved in harassment?
Another supervisor
Where can an employee obtain information and advice about harassment,discrimination or retaliation?
OHREP
Should the employee or volunteer been harassed make clear to the offending person that the behavior is offensive?
Only if the employee or volunteer is comfortable doing so
When shall OHREP launch an investigation ?
When a charge is filed with the EEOC
Who can overrule the department director’s decision regarding who will investigate the complaint?
County executive
How often will OHREP communicate with complainant after investigative findings have been issued?
Within 30 days and again within 90 days
What is the Memorandum number of the Fairfax County Policiesand Procedures?
39-06
Policies and Prodecures memorandum No. 39-06 does not include which of the following?
Bias
What is the year of Title VII of the Civil Rights Act?
1964
What are the two forms of sexual harassment?
Quid pro quo and hostile work environment
Which form of sexual harassment is described as: submission to the conduct is made an explicit or implicit term or condition of employment?
Quid pro quo
Which form of sexual harassment is described as: creates an intimidating, hostile, or offensive work environment?
Hostile work environment
Gender-based sexual harassment includes harassment based upon an individuals sexual orientation and what?
Gender identity
What is term to describe taking disciplinary action, harassing, or otherwise taking action against a someone who has participated in an investigtion or other proceeding regarding discrimination?
Retaliation
What does OHREP stand for?
Office of Human Rights and Equity Programs
Reports of discrimination, harassment, and retaliation should be madw to any of the following except?
Social media
If an employee or volunteer is unsure where to report inappropriate conduct, it should be reported to who?
OHREP
When must the investigation of harassment, discrimination, and retaliation begin?
As soon as practical
During an investigation, who must be transferred if it is deemed necessary to seperate the parties involved?
The accused
In the event an investigation is taking an extended period of time, the status of the investigation must be communicated to the complainant and the acused how often?
Every 30 days
How long after the investigative findings have been issued will OHREP communicae with the compainant to ensure no retaliation has been experienced?
90 days
What shall be made at the conclusion of each investigation?
A written report
How often should each county agency audit their electronic training documentation?
Quarterly
How long does the county agency and its employee have to complete training after the date the training became overdue?
90 days
County employees and volunteers shall recieve training on harassment, discrimination, and retaliation when they are hired and every how may years thereafter?
2 years
New supervisors shall recieve training on harassment, discrimination, and retaliation within how many months of assuming a supervisory position?
Three months
Fairfax County Government follows what form of harassment?
zero
Sexual harassment is a form of harassment based upon what method?
an individual’s gender
Which of the following is not a form of discrimination based on this policy?
financial situation
Fairfax County Government policy 39-06 follows what amended act?
Title VII Civil Rights Act of 1964
What are the two forms of sexual harassment that is noted by Fairfax County?
quid pro que and hostile work environment sexual harassment
Which of the following is not an example of a hostile work environment?
rejection of an opportunity
When granted military status how many days will be provided?
180
What is general based harassment?
occurs when the harassment is based upon one’s gender; it does not need to be sexual in nature
What is discrimination per PM 39-05?
is the basis of an individual’s race, sex, color, national origin, creed, age, religion, disability, political affiliation, union affiliation, marital status, military status, and genetic information in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment is prohibited
What is the meaning of retaliation?
taking disciplinary action, harassing, or otherwise taking action against a County employee, applicant, or volunteer, or his or her close associates, who has opposed discrimination (including filing an informal or formal complaint) or participated in an investigation or other proceeding (such as a lawsuit) regarding discrimination
Discrimination includes what two things?
intentional discrimination and disparate impact discrimination
When does quid pro quo sexual harassment occur?
when the employee is threated
Can employees grieve acts of harassment?
employees may grieve acts of harassment
What needs to be completed at the end of the investigation?
a written report
If a complaint is made who shall OHREP not notify?
assistant director
If its necessary to separate the accused from the alleged victim, how does this get accomplished?
transferring the accused but not the victim
Who is responsible for ensuring that the complaint is investigated and resolved and remains responsible for taking corrective action, including disciplinary actions as appropriate?
department director
How often shall OHREP document and communicate to the complainant and the accused the status of the investigation?
approximately 30 days
After the investigation findings have been issued, OHREP will communicate with the complainant within what time period?
30 days time, and again with 90 days of time
New supervisors shall receive training within what initial training period after being promoted?
3 months
What is PM39-06?
Policy and Procedure on Discrimination, Harassment and Retaliation
What is included in PP39-06?
Defined prohibited conduct, complaint procedures, disciplinary actions
When was PM39-06 last updated?
Oct 15 2021
What type of tolerance does Fairfax County have regarding harassment or discrimination?
Zero
What is considered unwelcome conduct whether verbal, physical or visual that a reasonable person in the same position as the victim would fine to be hostile, offensive or intimidating?
Harassment
What makes harassment considered sexual?
When it is based on an individual’s gender
What type of sexual harassment is considered when submission to the conduct is made an explicit or implicit term or condition of employment or when submission to or rejection of the conduct is used as a basis of an employment decision?
Quid pro quo
What does discrimination include?
Intentional and disparate impact
Who has an affirmative duty to report?
Appointing authorities, department, agency and office heads and all other supervisory personnel
What should be followed if a situation results in formal discipline?
Chapter 16 of the Personnel Regulations
Who is responsible for monitoring their work environments to ensure compliance?
All supervisory and management personnel
Are non-supervisory employees required to report conduct they witness or learn about?
No, they are strongly encouraged to
Where can information and advice about discrimination, harassment and retaliation be found?
Office of Human Rights and Equity Programs
Who should members of the public contact should they want to file a complaint alleging harassment by a county employee or volunteer?
OHREP
If an employee or volunteer is unsure who to report discrimination to, who should they contact?
OHREP
If unfounded, complaints made in good faith shall be considered what?
Good faith, no punishment
Who does OHREP notify if a complaint is made directly to them?
The appropriate department director, department HR manager and department EEO officer
When does the investigation of harassment begin?
As soon as practical
Who reviews the written reports to determine each County agency has complied with the policy?
OHREP
How often are county employees required to have training on PP39-06 after the initial hiring training?
Every two years
how many Memorandums covers county’s policy on harassment and sexual harrassment?
1
What is Fairfax county tolerance for any form of harassment?
zero
What does county prohibit against an individual who reports harassment?
retaliation
what will the county do to correct the harassment, discrimination or retaliation?
immediate and appropriate action
What is considered unwelcome conduct?
harassment
What are 2 types of sexual harassment?
quid pro quo and hostile work enviroment sexual harassment
What is considered promotion upon providing sexual favors?
quid pro quo
What is considered if you talk about someones hair texture?
discrimination
What is it considerd if you ostracize a victim?
retaliation
who is responsible for monitoring their work enivoroments to ensure full compliance to this policy?
all supervisory and management personnel
Where can info and advice about harassment, retaliation and other forms of discrimination be obtained?
OHREP
what does chapter 17 of county’s personnel regulations provide?
how to grieve acts of harassment
Who does a member of public file a complaint on a county employee for harassment?
OHREP or department director where it occurred
If an employee is reporting an immediate supervisor then who do they report it to?
OHREP
When charges of harassment is filed with EEOC, who will investigate?
OHREP
What do county empolyees do apon conclusion of each training session they take on this policy?
sign a statement
How many years in between training sessions?
2 years
When does training occur after a claim has been substantiated?
1 month
Who keeps all documentaion on harassment policy?
OHREP and department the employee works for
What should be made at the conclusion of the investigation?
a written report
Fairfax County’s Policy and Procedure on Harassment
PM 39-06
This policy shall be distributed to all employees upon receiving training as provided in what section of this policy?
8
These posts shall be reviewed and updated, as necessary, every
Six months
Violation of this policy by any employee or volunteer constitutes an act of serious misconduct that can result in
disciplinary action, up to and including dismissal for the employee
unwelcome conduct, whether verbal, physical, or visual, that a reasonable person, in the same position as the person against whom such conduct is directed, would find to be hostile or abusive.
Harassment
a form of harassment based upon an individual’s gender
Sexual harassment
when submission to the conduct is made an explicit or implicit term or condition of employment or when submission to or rejection of the conduct is used as a basis of an employment decision.
Quid pro quo sexual harassment
occurs when the conduct has the purpose or effect of unreasonably interfering with work or creates an intimidating, hostile, or offensive work environment
Hostile work environment sexual harassment
when the harassment occurs based upon one’s gender; it does not need to be sexual in nature
Gender-Based Sexual Harassment
on the basis of an individual’s race, sex, color, national origin, creed, age, religion, disability, political affiliation, union affiliation, marital status, veteran’s status, disabled veteran’s status, and genetic information in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment is prohibited.
Discrimination
taking disciplinary action, harassing, or otherwise discriminating against a County employee, applicant, or volunteer who has filed a complaint (informal or formal) or participated in an investigation or other proceeding (such as a lawsuit) regarding harassment or any other form of discrimination.
Retaliation
OHREP
Office of Human Rights and Equity Programs
EEO Officer
Equal Employment Opportunity Officer
His or her supervisor;
The department head;
The department’s human resources manager or EEO officer;
or
OHREP .
Reports of harassment, retaliation and discrimination should be made to any of the following
EEOC
Equal Opportunity Commission
include not only formal complaints of harassment, discrimination, and retaliation but also conduct that is witnessed and reported under the duty (for supervisors) and admonition (for co-workers) to report what is learned about or observed.
complaints
When interviewing the individuals involved, the investigator should remind the interviewees about the prohibition
Retaliation
If the employee or volunteer is unsure to which of the above to report the conduct, it should be reported to
OHREP
Making intentionally false accusations or the intentional provision of materially false information regarding a complaint is
Prohibited
A written report of each investigation shall be made at the
Conclusion of the investigation
Sexual harassment is based upon ones?
Gender
There are 2 forms of sexual harassment. Quid Pro Quo is one. What is the other?
Hostile work enviroment
Harassment is more than what?
A simple lack of courtesy
Gender based sexual harassment is based on sexual orientation and what?
Gender identifiction
What does disparate impact discimination mean?
Unintentional discrimination
What one of the following is NOT grounds for sidcrimination based on race?
Country of origin
Can a close associate who aposes discrimination be retaliated against?
Yes
If a violtion is found but not warrenting formal discipline, what is the appropriat action?
Coaching the accused
When aligations are files against a suppervisory employee with responcabilitys to enforce provisions of section 4.D, 6.C, 6.D, OR 8. Who is designated to conduct the investigation?
Another supervisor
Complaints about discrimination, harassment, and retaliation are not subject to the chain of caomand. What agency below in NOT part of this?
Parks nd recreation
In addition to the complaint process through OHREP, what also is allowed by chapter 17 of the countys Personal Regulations?
Grievences
If a member of the public wishes to file a complante, they can contact OHREP and who?
The respective department head
When reporting discrimination, harrasment, and retaliation there are 4 people that need to be informed. Your supervisor, OHREP, your department head and who?
EEO officer
If your complante is against your suporvisoror you do not feel comfortble telling them, who can you tell?
Another suporvisor
There are 2 groups that can overide a departments directors decision reguarding who will investigate a complaint and who shall have final authority over the investigation?
OHREP and county executive
What time frame must an investigation begin?
As soon as practical
When an investigation is started, it will deturmin if violations of this policy, the code of ethics, or 1 other document has occurred.
Standard of Conduct
The investigation shall deturmin if the accused and victom should be seperated. If it is found that seperation is warrented, who gets moved?
The accused
After the investigation is over, and the findings have been issued. OHREP will communicate with the victom 2 times to ensure there is no retaliation. What is the time frame?
30 and 90 days
If you are found in violation, remedial training will occur. It shall be in addition to routine training. Wha is the time frame such training shall occur?
1 Month
What is unwelcome conduct, whether verbal, physical, or visual, that a reasonable person, in the same position as the victim, would find to be hostile, offensive, or intimidating and which serves no legitimate governmental purpose?
Harrassment
What harassment occurs when submission to the conduct is made an explicit or implicit term or condition of employment or when submission to or rejection of the conduct is used as a basis of an employment decision?
Quid pro quo
What are the two forms of sexual harassment?
Quid pro quo and Hostile work Environment
Threatening a poor performance review unless sexual favors are provided is an example of which form of sexual harassment?
Quid pro quo
What work environment harassment occurs when the conduct has the purpose or effect of unreasonably interfering with work or creates an intimidating, hostile, or offensive work environment?
Hostile
What harassment does not have to be of a sexual nature to be based upon gender?
Gender-based sexual
Sexual innuendo is an example of which form of sexual harassment?
Hostile work environment
Display of obscene printed or visual material is an example of which form of sexual harassment?
Hostile work environment
What includes taking disciplinary action, harassing, or otherwise taking action against a county employee, applicant, or volunteer, or his or her close associates, who has opposed discrimination or participated in an investigation or other proceeding recarding discrimination?
Retaliation
Supervisor’s responsibilities include this which is ensuring that a prompt and thorough investigation is conducted in accordance with section 6.C of this policy.
Duty to report
Who shall be responsible for monitoring their work environment to ensure full compliance with this policy?
All supervisors and management personnel
Reports of discimination, harassment, and retaliation should be made to any of the following: The employee’s supervisor, The department head, the departments human resources manager (or EEO officer), and who else?
OHREP
What must begin as soon as practical and must be performed impartially and in an otherwise appropriate manner?
Investigation
When appropriate, separation shall be accomplished by transferring who?
Accused, not the victim, unless victim request a transfer
Who shall determine whether it is necessary at any point during the investigation to separate the accused from the alleged victim?
Investigator
What is the approximate frequency that OHREP shall communicate to the complainant and the accused the status of the investigation when the investigation it taking an extended period?
Every 30 days
Who shall each county agency forward the written reports of each investigation conducted under this policy to upon completion?
OHREP
Documentation of all training provided to county employees and volunteers shall be kept electronically by the county’s online training system. How often shall each county agency perform an audit on basis whether county employees and volunteers within agency have been trained
Quarterly
How often shall county employees and volunteers shall receive training on the policy other than when they are initially hired
Every two years
How soon shall new supervisors receive training of assuming a supervisory position?
Within 3 months
What is Policies and Procedures Memorandum No. 39-06?
The Policy and Procedure on Discrimination, Harassment, and Retaliation
Which of the following is a protected class that may not be discriminated against?
Birthday
Which of the following is a not protected class that may not be discriminated against?
Education Level
Which of the following is a not protected class that may not be discriminated against?
Economic Class
Which of the following is a not protected class that may not be discriminated against?
Undocumented Aliens
Fairfax County Government strictly prohibits this against an individual who opposes discrimination or participates in an investigation.
Retaliation
Fairfax County Government this policy for any form of harassment, discrimination, or retaliation.
Zero Tolerance
What is unwelcome conduct, whether verbal, physical, or visual, that a reasonable person, in the same position as the victim, would find to be hostile, offensive, or intimidating?
Harassment
What type of sexual harassment occurs when submission to the conduct is made an explicit or implicit term of employment?
Quid Pro Quo
What type of sexual harassment occurs when the conduct has the purpose or effect of unreasonably interfering with work?
Hostile Work Environment
Taking disciplinary action or denying a promotion to someone who has either complained of harassment or participated in an investigation is an example of what?
Retaliation
Complaints about discrimination, harassment, and retaliation are not subject to this framework.
Chain of Command
If an employee is unsure to which of the options to report unwanted conduct, who should it be reported to?
OHREP
Employees may also file charges of harassment, retaliation, and other forms of discrimination with this federal organization.
United States Equal Opportunity Commission
Which of the following is not a step in the investigation of harassment, discrimination, and retaliation?
Pulling the victim out of the work environment immediately
When interviewing individuals involved in a complaint, the investigator shall inform the interviewees that their identity and information will be what?
Remain confidential
When the alleged harassment involves an employee within the complaintants supervisory chain, who will conduct the investigation?
OHREP
If separation is determined, who shall be separated?
Offender from victim, unless victim requests
County employees shall receive training on policy 39-06 when hired and then how often?
Every two years
County employees shall do this at the conclusion of each training session acknoeledging that they have taken the training.
Sign a statement that they understand the contents
