#46: POLICY AGAINST DISCRIMINATION AND HARASSMENT ON LEGALLY-PROTECTED BASES

Question 1

The City prohibits discrimination and harassment on legally-protected bases including: r__ and c__, n__ o__ and a__, m__ s__, s__ o__, s__, g__ i__ (including non-conformance with t__ gender stereotypes and t__ status), p__, a__, d__ and r__.

Answer 1

race and color, national origin and ancestry, military status, sexual orientation, sex, gender identity (including non-conformity with traditional gender stereotypes and transgender status), pregnancy, age, disability, and religion.

Question 2

The City prohibits discriminatory practices on the basis of any legally-protected status in h__, p__, t__, d__, p__, f__ b__, j__ t__, c__, r__, t__ and c__, and p__ of employment, or any other matter directly or indirectly related to employment.

Answer 2

hiring, promotion, tenure, discharge, pay, fringe benefits, job training, classification, referral, terms and conditions, and privileges of employment…

Question 3

REPORTING PROCEDURES:

1. Any employee who believes that he or she has been subjected to or has witnessed discrimination or harassment based on any legally protected status shall promptly, and in no event later than __ days after the incident occurred, report the incident to his or her supervisor. If employee’s immediate supervisor is involved in the incident, the employee shall report the alleged conduct to his or her ________________ or to the ____ of ___ ___/___ ___.
2. Any Manager, Commissioner or Department Head who receives an employee’s report of alleged discrimination or harassment must promptly notify 1. his or her ___. 2. the ____________ of the alleged incident.
3. The employee reporting must reduce the complaint to ___.
4. Any employee who witnesses or experiences any incident of discrimination or harassment shall promptly report the conduct in accord with this Policy, regardless of who the alleged __ or alleged ___ is.
5. Any employee who believe they are a victim should promptly inform the alleged perpetrator that their conduct is ___ and that is should ___.

Answer 3

10 days
Manager, Commissioner or Department Head or to the Office of Affirmative Action/Contract Compliance
superior
Office of Affirmative Action/Contract Compliance
reduce it to writing
victim or perpetrator
conduct is unwelcome and it should cease

Question 4

Supervisors, Managers, Commissioners or Department Directors shall:

1. Take action to __ and to __ discrimination or harassment on legally-protected bases in the work environment.
2. ___ with their staff members the __ procedures of this Policy.
3. After an investigation of alleged discrimination or harassment is complete, take effective and appropriate __, including but not limited to __, __ __ referral, etc. Any decision for further action shall be made by the A__ A__ or his/her designee, after consultation with the ___ or his/her designee.
4. Upon the ____________ Office’s completion of any investigation (Section V), the relevant Department ___ are responsible for remedying complaints of workplace harassment.

Answer 4

prohibit and prevent
Review...reporting procedures
take action...discipline, Employee Assistance referral
Appointing Authority
mayor
Affirmative Action/Contract Compliance
Department Directors

Question 5

The Office of __________ is responsible for monitoring and enforcing compliance with this Administrative Policy and Procedure.

Answer 5

Office of Affirmative Action/Contract Compliance

Question 6

Upon report of an alleged incident of harassment based on legally protected bases, the Office of _______, in conjunction with the ________ shall conduct an investigation into the Complaint. The investigation shall be conducted in a f__, o__, i__, c__ (to the extent allowed by law) and s__ manner.

Answer 6

Office of Affirmative Action/Contract Compliance
Manager, Commissioner, or Department Director
fair, objective, impartial, confidential (extent allowed by law) and speedy manner

Question 7

Investigations in accord with this Policy must:

1. Assess the v__ and s__ of the incidents alleged as related to this policy;
2. Assess whether allegations are v__ and s__;
3. Conduct ___ with all __ and __, affording f__ and r__ to each person;
4. Collect any relevant, tangible __ and evaluate its sufficiency;
5. Recommend and appropriate r__ and r__, including __ action necessary, if any;
6. Compose a __ report addressing the allegations, the outcome of the investigation and, as might be necessary, any c__ or r__ action recommended or taken, both regarding including any appropriate measures taken to __ future like instances.

Answer 7

assess the veracity and severity
valid and substantiated
interviews with all parties and witnesses
fairness and respect
relevant, tangible evidence
appropriate remedy and response 
disciplinary action
written report
corrective or remedial action
prevent future like instances

Question 8

Upon receipt of a Complaint under this Policy, the Office of Affirmative Action/Contact Compliance must conduct a reasonably __ investigation of any Complaint. Absent the presence of __ __, such investigation should be completed within ___ days of the date the Office receives notice of the complaint.

Answer 8

reasonably prompt
extenuating circumstances
30 days

Question 9

The report will be sent to the __ __ and then to the Office of the __. The employee alleging harassment and the employee accused of harassment shall be __ of the outcome of the investigation and the written report will be made available to each party upon request.

Answer 9

Law Department
Office of the Mayor
shall be informed

Question 10

In the event of a complaint of harassment, the Office of Affirmative Action/Contract Compliance shall inform the affected employee of their ___ ___ ___ (___) counseling options.

Answer 10

employment assistance program (EAP)

Question 11

NON-RETALIATION:
1. Any retaliation associated associated with an employee’s report of harassment or discrimination should be reported to their ___, or ___, or __ or ___ ___ or to the Office of ___________.

Answer 11

supervisor, or Manager, or Commissioner or Department Director or the Office of Affirmative Action/Contract Compliance

Question 12

KNOWINGLY FALSE CLAIMS:
M__ use of this Policy to report a __ false or b__ f__ complaint is prohibited. Any employee found to have intentionally misused the procedures in the Policy may be subject to ___ action, up to and including termination.

Answer 12

Malicious use
knowingly false or bad faith complaint
disciplinary action