8.325 Employment Diversity Section

Question 1

All __________ and ___________ shall ensure that all employees are treated in accordance with these guidelines (harassment and discrimination policy). Every member of the department (commissioned and civilian) regardless of rank, title, work status (full-time, part-time, or temporary), or position shall be held responsible for the compliance of this policy.

Answer 1

Supervisors and managers

Question 2

Allegations of unlawful harassment, discrimination, and/or retaliation, are taken seriously and will be dealt with ___________, ____________, _____________, and ____________.

Answer 2

Promptly, thoroughly, impartially, and equitably.

Question 3

Where harassment and/or discrimination between employees is going to have occurred, the section or unit where it occurred will work in conjunction with who, to act immediately to stop the harassment and/or discrimination, to prevent its recurrence, to remedy its effects, if any, and to discipline those responsible in accordance with the applicable discipline matrix.

Answer 3

Employment diversity section

Question 4

Who is responsible for planning, developing, implementing and maintaining an employment diversity program; receiving internal complaints and inquiries regarding harassment, discrimination, and/or retalition issues; and receiving accommodation requests regarding religion?

Answer 4

Employment diversity section, within the internal affairs bureau

Question 5

Americans with Disabilities Act accommodation requests are handled by who?

Answer 5

Health and safety

Question 6

How often is EDS training mandatory for supervisors?

Answer 6

Biennial

Question 7

When conducting an investigation relative to discrimination or harassment, members of EDS will be considered as _______________, and will function without regard to ___________ or ___________.

Answer 7

Agents of the sheriff.

Rank or classification.

Question 8

An act, practice, or pattern of behavior based on an individual’s 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 pursuant to federal and state laws which has an adverse impact on as individual or identifiable group compared to the impact of members of other identifiable groups.

Answer 8

Discrimination

Question 9

What are the protected classes for discrimination and harassment?

Answer 9

~~~
Race
Color
Religion
Sex
National origin
Age
Genetic information
Disability
Military service
Sexual orientation
Gender identity (including non-binary)
Pregnancy
Workers compensation status
Family medical leave
Political affiliation

Question 10

Unwelcome conduct (verbal or physical) based on the member belonging to one or more of the recognized classes.

The unwelcome conduct has the purpose or effect of unreasonably interfering with an individual’s work performance and/or the conduct is severe or pervasive enough to create an intimidating, hostile, or offensive work environment.

Answer 10

Harassment

Question 11

A voluntary alternate dispute resolution process for resolving disputes and conflicts in which a neutral third party (mediator) helps the parties to resolve a dispute or conflict and reach a mutually acceptable resolution.

Answer 11

Mediation

Question 12

Non-binary

Answer 12

A form of identity referring to any gender identity that does not fall into the category of male or female or is not exclusively male or female. It has nothing to do with aspects of anatomy.

Question 13

Which states, the victim is subjectively offended and a reasonable similarly suited member of the protected class against whom the harassment or discrimination is directed would be objectively offended.

Answer 13

Reasonable person standard

Question 14

Retaliation

Answer 14

A form of harassment against an individual who has complained, assisted, or otherwise participated in complaints of harassment and/or discrimination.

Question 15

All members of LVMPD have a responsibility to foster what?

Answer 15

Respectful communication
Cooperation and teamwork
And will conduct themselves in a professional manner

Question 16

Any employee who witnesses or becomes aware of what will immediately report the misconduct to any on-duty supervisor, persons acting in a supervisory capacity, and/or the Employment Diversity Section?

Answer 16

Inappropriate conduct, behavior, or harassment

Question 17

Conduct not deemed to rise to the level of harassment may still constitute what?

Answer 17

A violation of policy

Question 18

What level of evidence is needed to sustain a complaint through the EDS?

Answer 18

preponderance of the evidence

Question 19

Does harassment include 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 to a protected class?

Answer 19

Yes. The comments will be deemed offensive or derogatory based on a reasonable person standard.

Question 20

What are the four elements of harassment?

Answer 20

1. Unwelcome
2. Conduct directed at a member of a protected class
3. Offensive to the recipient and to a “reasonable person” and
4. Conduct that is severe or pervasive (e.g. repeated)

Question 21

This type of harassment may include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

Answer 21

Sexual harassment

Question 22

Certain behaviors may constitute sexual harassment when:

Answer 22

1. Conduct is unwelcome
2. Conduct is subjectively and/or objectively offensive; and
3. Conduct or proposal is sexual in nature

Question 23

When is conduct or proposals sexual in nature?

Answer 23

1. A proposal or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
2. A proposal of such conduct is made either openly or indirectly and is a term or condition of an individual’s employment; or
3. Conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive work environment, and is severe or pervasive

Question 24

Can simple teasing, offhand comments, or isolated incidents still rise to the level of sexual harassment if the conduct is so frequent or severe that it creates a hostile work environment?

Answer 24

Yes

Question 25

This is a negative job action taken against an employee who has engaged in a protected activity regarding harassment, discrimination, and/or retaliation, and a casual link exists between the action and the engagement in the protected activity.

Answer 25

Retaliation

Question 26

What type of link must be present for an act to be considered retaliation?

Answer 26

Casual

Question 27

For retaliation to occur, what protected activities are included?

Answer 27

Filing an EDS complaint, encouraging another employee to file a complaint, and/or participating in in an EDS-related investigation.

Question 28

Employees have the right to communicate concerns or issues (diversity related) to ________ or ___________ at any time.

Answer 28

EDS or a supervisor

Question 29

LVMPD, or any member thereof, will not retaliate against an employee who has what?

Answer 29

Complained, assisted, or otherwise participated in an EDS investigation or complaint process with this department

Question 30

If at the conclusion of an EDS investigation it is determined that the behavior did not violate language specifically related to harassment, discrimination, and/or retaliation, the case may be sustained for what?

Answer 30

Unprofessional conduct

Question 31

This may include comments, actions, or behaviors that disparages or demonstrates hostility or aversion towards any person that could be reasonably perceived as disruptive, disrespectful, offensive, or inappropriate.

Answer 31

Unprofessional conduct

Question 32

Unprofessional conduct may affect and/or unreasonably interfere with an individual’s work performance and may create what?

Answer 32

An intimidating or offensive work environment

Question 33

All complaints and investigations handled by EDS will remain strictly _________.

Answer 33

Confidential

Question 34

Information regarding matters of harassment, discrimination, and/or retaliation will only be released by who?

Answer 34

The EDS director or the IAB commander at the direction of OGC.

Question 35

How will complaints be accepted?

Answer 35

Complaints will be accepted from any source, whether in person, by mail, or by telephone.

Question 36

Does the reporting member need to be the intended target of offensive conduct?

Answer 36

No. Witnessing offensive behavior between other members may be grounds for filing a complaint.

Question 37

How many days does a complainant have to submit a complaint to the EDS director including all pertinent information relative to the alleged harassment, discrimination, and/or retaliation?

Answer 37

300 calendar days from the last incident. Complaints received after 300 days will be evaluated on a case by case basis except for uniform service employment re-employment rights act, which has no statute of limitations.

Question 38

When a supervisor is advised of a potential EDS complaint, what must they do?

Answer 38

Immediately contact EDS and assist any member with a complaint of harassment, discrimination, and/or retaliation in documenting and filing the complaint.

Question 39

Cases overseen by EDS often do not have physical evidence present and rely heavily on perception of events occurring. If it is determined that the information presented during the investigation was intentionally false and made maliciously without regard for truth, is there any recourse?

Answer 39

Yes, the individual may be subject to discipline under other department policies.

This does not apply to reports made in good faith, even if the facts cannot be substantiated.

Question 40

Prohibited conduct prevention

All supervisors have the responsibility to prevent acts of harassment, discrimination, and/or retaliation, and will:

Answer 40

1. Continually monitor the work environment for signs that harassment, discrimination, and/or retaliation may be occurring.
2. Refrain from participation in, encouragement of, actions that could be perceived as harassment, discrimination, an/or retaliation (verbal, written, or otherwise).
3. Counsel all members on the types of behavior prohibited and the procedures for reporting and resolving complaints of harassment, discrimination, and/or retaliation.
4. Stop any observed acts that may be considered harassment, discrimination, and/or retaliation, and take appropriate steps to intervene, whether or not the involved members are within their line of supervision.
5. With the recommendation of EDS, take action to limit the work contact between two members where there has been a complaint of harassment, discrimination, and/or retaliation pending an investigation.
6. Report all complaints of harassment, discrimination, and/or retaliation to EDS, whether witnessed or reported, formally or informally. Ensure the information is kept confidential and only discuss with others if advised to do so by EDS and/or OGC

Question 41

All religious accommodation requests will be reviewed and processed on a case-by-case basis by who?

Answer 41

The EDS director

Question 42

What is the supervisor responsibility when receiving a religious accommodation request from a member?

Answer 42

Notify the EDS director of the request in a timely manner to begin the interactive process.