Discrimination Handbook for Supervisors

Question 1

What is Disparate Treatment?

Answer 1

Disparate or DIFFERENT treatment occurs when an employer treats an individual less favorably than other similarly situation individuals BECAUSE of their protected class.

Question 2

What is Adverse Impact?

Answer 2

A substantial different rate of selection in hiring, promotion, or other employment decision which works for the disadvantage of members of a protected class. The focus of the inquiry into a charge of adverse impact is on the CONSEQUENCES of the employment practices rather than the motive. Usually Unintentional.

Question 3

What are the two types of sexual harassment?

Answer 3

1. Quid Pro Quo

2. Hostile work environment.

Question 4

What is needed for a ‘Quid Pro Quo’ type of sexual harassment?

Answer 4

The harasser needs to be in a position of authority over the harassed employee.
The key difference between a hostile environment and ‘quid pro quo’ claim is that in a ‘quid pro quo’ claim there is a liability when an employer threatens to or actually does alter the job conditions for employees who refuse the employer’s sexual demands.

Question 5

What is need for a sexual harassment, Hostile work environment? (2)

Answer 5

1. Sufficiently SEVERE OR PERVASIVE to alter the conditions of the victim’s employment AND
2. Create an abusive working environment.

Question 6

What are the two conditions of sexual harassment?

Answer 6

1. Unwelcome

2. Of a sexual nature

Question 7

What age is harassment considered for the basis of age?

Answer 7

40 years old

Question 8

What are the six (6) IAB findings after an investigation?

Answer 8

1. SUSTAINED-Misconduct occurred
2. NOT SUSTAINED- investigation failed to produce sufficient evidence to prove or disprove
3. UNFOUNDED- complaint of conduct did not occur
4. EXONERATED- complained act did occur but within law, policy and was justified
5. MISCONDUCT NOT BASED ON COMPLAINT- Misconduct occurred but was not part of original complaint
6. POLICY FAILURE- misconduct could have been prevented had policy been more clear or complete.

Question 9

Complaints of harassment/discrimination may be reported to anyone of the following….(4)

Answer 9

1. Any supervisor
2. The director of (EDS) Employment Diversity Section
3. The (IAB) Internal Affairs Bureau Commander
4. The Officer (HR) Human Resources Director

Question 10

Responsible criticism has (5) characteristics, what is the acronym of C-L-E-A-R?

Answer 10

C urrent
L imited
E xpress
A cknowledges
R eevaluates

Question 11

In regards to Harassment/Discrimination, every supervisor has the responsibility to PREVENT acts by (6)….

Answer 11

1. Monitoring the work environment
2. Refrain from participation
3. Counseling all members
4. Stopping any observed acts
5. Taking immediate action
6. Reporting all complaints

Question 12

Under ‘Discrimination Handbook for Supervisors’, supervisors must stop offensive conduct before it becomes ‘________ or ________’, regardless of the subordinate’s chain of command.

Answer 12

‘Pervasive or Severe’

Question 13

(Discrimination Handbook for Supervisors) What are the (6) supervisor’s responsibilities in PREVENTING COMPLAINTS?

Answer 13

1. Insist
2. Monitor
3. Refrain
4. Counsel
5. Stop
6. Report

Question 14

(Discrimination Handbook for Supervisors) What are the (4) supervisor responsibilities upon RECEIVING COMPLAINTS?

Answer 14

1. Act Immediately
2. Ensure
3. Contact
4. Assist

Question 15

(Discrimination Handbook for Supervisors) For Employment Diversity (EDS) investigations, regardless of how the complaint is investigated, all investigations will be completed within _______ from receipt.

Answer 15

45 days

Question 16

(Discrimination Handbook for Supervisors) What are the (5) actions that a supervisor shall do during a SUPERVISOR INVESTIGATION?

Answer 16

1. Coordinate
2. Document
3. Take remedial action
4. Counsel
5. Identify

Question 17

(Discrimination Handbook for Supervisors) What are some adverse effects of retaliation?

Answer 17

• Intimidation or harassment
• Transfer to a lower paying job
• Denial of Overtime
• Retaliatory reprimands
• Failure to promote
• Denial of benefits
• Constructive discharge

Question 18

(Discrimination Handbook for Supervisors) _______ _______ means the employer is responsible for the acts of it employees, a automatic liability theory.

Answer 18

Respondent Superior

Question 19

(Discrimination Handbook for Supervisors) All INTERNAL investigations into complaints on race, religion, sex, national origin, color, age, disability, sexual orientation, political affiliation or veteran status will be investigated by?

Answer 19

The Office of Employment Diversity (OED)

Question 20

(Discrimination Handbook for Supervisors) All EXTERNAL investigations into complaints on race, religion, sex, national origin, color, age, disability, sexual orientation, political affiliation or veteran status will be investigated by?

Answer 20

Internal Affairs Bureau (IAB)

Question 21

(Discrimination Handbook for Supervisors) Who will coordinate job accommodations for matters involving ADA (Americans with Disabilities Act)?

Answer 21

The Health and Safety Manager

Question 22

(Discrimination Handbook for Supervisors) Supervisors WILL or WILL NOT inquire as to the nature or cause of disability (from ADA section)?

Answer 22

WILL NOT. Supervisor will only inquire how the disabling conditions affect the employee’s ability to perform functions of their assigned job.

Question 23

From what source will complaints be accepted from?

Answer 23

Any source, even anonymously

Question 24

What are the (3) qualifying conditions that must be met to claim that a subject has been a victim of retaliation?

Answer 24

1. They made/assisted in/participated in the investigation of a complaint of harassment/discrimination
2. Was subjected by the employer to adverse employment
3. A Casual link exists between the two