8.325 Harassment and/or Discrimination; Prevention and Compliant Process

Question 1

When conducting an investigation relative to harassment or discrimination, members of EDS will be considered as agents of _________________ and will function without regar to rank or classification.

Answer 1

The Sheriff

Question 2

An act practice, or pattern of behavior, based on an individual’s race, color, religion……..which has an adverse impact on an individual or identifiable group compared to the impact of other members, is defined as…

Answer 2

Discrimination

Question 3

Any conduct based on an individual’s race, color, religion……..that has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offense work environment, is defined as…

Answer 3

Harassment

Question 4

“Every supervisor has the responsibility to prevent acts of harassment and/or discrimination, which includes:

Answer 4

1. Monitoring the Work environment on a daily basis for signs that harassment/discrimination may be occurring.
2. Refraining from participation in, or encouragement of, actions that could be perceived as harassment/discrimination (verbal or otherwise).
3. Counseling all members on the types of behavior prohibited and the procedures for reporting and resolving complaints of harassment/discrimination.
4. 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.
5. With the recommendation of EDS, taking action to limit the work contact between two members where there has been a complaint of harassment, pending investigation.
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.

Question 5

What are the different forms accepted by EDS to file a complaint?

Answer 5

1. In person
2. Mail
3. Email
4. Telephone

Question 6

Is it required that the reporting member be the intended target of the offensive conduct?

Answer 6

No

Question 7

Who will review all complaints of discrimination and harassment?

Answer 7

The Director of EDS

Question 8

Complaints that do not address diversity issues may be directed to alternate forms of resolutions. What are the alternate forms available?

Answer 8

1. Mediation
2. IAB - Used when reported conduct is not based on a protected class as defined by federal and state law or department policy but still warrants resolution.

Question 9

What are the two different forms of discrimination?

Answer 9

1. Adverse Impact - (indirect, group) Employment practices that appear neutral but have a disproportionately negative effect on members of a protected class.
2. Disparate Treatment - (direct, individual) A member is intentionally treated differently from other members based on that member belonging to one or more of the protected classes.

Question 10

“For harassment, comments, jokes, pictures, etc. will be deemed to be annoying, offensive or derogatory based on the….

Answer 10

Reasonable person standard.”

Question 11

Retaliations occurs when an individual has:

Answer 11

1. Complained, assisted, or participated in matters of harassment and/or discrimination.
2. Been subject to adverse employment actions.
3. A casual link exists between 1 and 2.

• A third-party who has a close relationship with a complainant may claim retaliation if the third party believes they have suffered an adverse employment action as a result of the complaint’s claim and the close relationship.

Question 12

What is the process for filing a complaint of discrimination, harassment or retaliation?

Answer 12

1. Contact any supervisor, EDS, or IAB to seek assistance in filing the complaint.
2. Forward the written complaint (email, memo or SOC) to the EDS director.

Question 13

How long does a member have to file a complaint of discrimination, harassment or retaliation?

Answer 13

300 days of the last incident

Question 14

If a member is dissatisfied with the disposition form EDS, how can he/she seek relief?

Answer 14

The member can contact the Nevada Equal Rights Commission, EEOC or contact the EDS Director directly.

Question 15

“All complaints and investigations, whether handled by the EDS, IAB or the bureau/area command will remain strictly confidential. Information regarding matters of harassment and/or discrimination will only be released by…

Answer 15

…the EDS Director or the IAB Commander at the direction of the General Counsel.”

Question 16

For religious accommodation requests, a department member will contact the member’s immediate supervisor, who will…

Answer 16

Notify the EDS Director in a timely manner to begin the formal interactive process.

Question 17

What is the burden of proof for Department EDS investigations?

Answer 17

Preponderance of the Evidence - Federal Mandate