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 ____________, 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

Non-binary

Answer 11

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 12

Retaliation

Answer 12

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

Question 13

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 13

Inappropriate conduct, behavior, or harassment

Question 14

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

Answer 14

A violation of policy

Question 15

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

Answer 15

preponderance of the evidence

Question 16

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 16

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

Question 17

What are the four elements of harassment?

Answer 17

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 18

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

Answer 18

Sexual harassment

Question 19

Certain behaviors may constitute sexual harassment when:

Answer 19

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

Question 20

When is conduct or proposals sexual in nature?

Answer 20

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 21

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 21

Yes

Question 22

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 22

Retaliation

Question 23

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

Answer 23

Casual

Question 24

For retaliation to occur, what protected activities are included?

Answer 24

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

Question 25

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

Answer 25

EDS or a supervisor

Question 26

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

Answer 26

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

Question 27

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 27

Unprofessional conduct

Question 28

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 28

Unprofessional conduct

Question 29

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

Answer 29

An intimidating or offensive work environment

Question 30

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

Answer 30

Confidential

Question 31

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

Answer 31

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

Question 32

How will complaints be accepted?

Answer 32

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

Question 33

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

Answer 33

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

Question 34

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 34

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 35

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

Answer 35

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

Question 36

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 36

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 37

Prohibited conduct prevention

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

Answer 37

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 38

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

Answer 38

The EDS director

Question 39

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

Answer 39

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