5/101.24 HARASSMENT AND/OR DISCRIMINATION; PREVENTION AND COMPLAINT PROCESS Flashcards
EDS acronym stands for?
Employment Diversity Section
It is the policy of this Department that employees have the right to work in an environment free of harassment and/or discrimination from other employees based on the member’s:_________(11 protections).
- race,
- color,
- religion,
- sex,
- national origin,
- age,
- genetic information,
- disability,
- military service,
- sexual orientation,
- gender identity or expression (including non-binary), pregnancy, workers compensation status, family medical leave, or political affiliation
EDS is responsible for:
- planning, developing, implementing, and maintaining an employment diversity program;
- receiving internal complaints and inquiries regarding harassment and/or discrimination issues; and
*
receiving accommodation requests regarding religion
Americans with Disabilities Act [ADA] accommodation requests are handled by which section in thedepartment?
The Health and Safety Section
_______________An act, practice, or pattern of behavior based on an individual’s (11 protections) which has an adverse impact on an individual or identifiable group compared to the impact of members of other identifiable groups. Is the definition of?
Discrimination
__________________Any conduct based on (the 11 protections) that has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive work environment. is the definition of?
Harrasment
________A form of harassment against an individual who has complained, assisted, or otherwise participated in complaints of harassment and/or discrimination. is the definition of?
Retaliation
Every supervisor has the responsibility to prevent acts of harassment and/or discrimination, which includes:
- Monitoring the work environment on a daily basis.
- Refraining from participation in, or encouragement of, actions that could be perceived as harassment/discrimination (verbal or otherwise).
- Counseling all members on the types of behavior prohibited and the procedures for reporting and resolving complaints of harassment/discrimination.
- Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved members are within their line of supervision.
-
With the recommendation of EDS, taking action to limit the work contact between two (2) members where there has been a complaint of harassment, pending investigation. and
6.
Reporting all complaints of harassment and/or discrimination to EDS, whether witnessed or reported, formally or informally. Keeping that information confidential and only discussing with others if advised to do so by EDS and/or the Office of General Counsel.
Is it required that the reporting member be the intended target of the offensive conduct?
NO. Witnessing offensive behavior between other members may be grounds for filing a complaint.
All complaints of discrimination and harassment will be reviewed by the _________ using federal laws, state laws, and Equal Employment Opportunity Commission (EEOC) standards as a guideline.
EDS director
Discrimination is further broken down into:
-
adverse impact and
*
- disperate treatment
Adverse Impact – Employment practices that appear neutral but have a disproportionately negative effect on members of a protected class.The adverse impact may be unintentional.
Examples of adverse impact include:
a substantially different rate of selection in hiring, promotion, or other employment decision which works to the disadvantage of members of a protected class.
Disparate Treatment – _A member i_s intentionally treated differently from other similarly situated members based on that member belonging in one (1) or more of the protected classes.
- This is distinguished from the concept of “adverse impact,” which may be unintentional and applies to a protected group rather than _________.
an individual
persistently annoying, offensive, or derogatory comments (either spoken or written), jokes, pictures, etc. which are made either directly or indirectly toward another person based on their belonging in a protected class. are examples of?
Harassment
Sexual harassment can be either ________ or ________
- Explicit
- Implicit
Examples include:
- Rape, sexual assault, sexual battery, sexual coercion, or other sexual violence.
- Sexually explicit or gender-related statements, comments, questions, jokes, innuendoes, anecdotes, or gestures.
- Other than customary handshakes, uninvited touching, patting, hugging, or purposeful brushing against a person’s body or other inappropriate touching of an individual’s body.
- Remarks of a sexual nature about a person’s clothing or body.
- Use of email or computer dissemination of sexually-oriented, sex-based communications.
- Sexual advances, whether or not they involve physical touching.
- Requests for sexual favors in exchange for actual or promised job or educational benefits, such as favorable reviews, salary increases, promotions, increased benefits, continued employment, grades, favorable assignments, and letters of recommendation.
- Displaying sexually suggestive objects, pictures, magazines, cartoons, or screensavers.
- Inquiries, remarks, or discussions about an individual’s sexual experiences or activities and other written or oral references to sexual conduct.
