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Captain Sori-Tech Books > Discrimination Prevention Policy Handbook > Flashcards

Discrimination Prevention Policy Handbook Flashcards

1
Q

The Fire Department is committed to providing all of its members with a work environment free from:

A

-discrimination

-harassment

-retaliation

-hazing

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2
Q

The _______ reserves the right to amend, supplement, or rescind any provisions of the discrimination policy Handbook

A

Board of Fire Commissioners

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3
Q

DISCRIMINATION is treating an individual differently in any employment practice or decision which intentionally or unintentionally results in unequal treatment on the basis of the individual’s membership in a protected class, including:

A

-Race
-Color
-Religion
-National Origin
-Sex (including sexual harassment and gender identity or expression, which includes actual or perceived transgender status)
-Age
-Disability
-Marital Status
-Sexual Orientation
-Creed
-Ancestry
-Medical condition
-HIV/AIDS- acquired or perceived
-Retaliation for having filed a discrimination complaint or participating in a protected activity

(Ethnicity not listed*)

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4
Q

________ is generally defined as unsolicited and/or unwelcome verbal or physical conduct directed to an individual based on membership in a protected class

A

Harassment

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5
Q

Discrimination laws DO NOT prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. Rather, the conduct must be so objectively offensive as to alter the conditions of the individual’s ________.

A

Employment

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6
Q

_________ is an adverse employment action taken as a result of a member participating in a protected activity, including “whistleblowing”.

A

Retaliation

(A complaint of retaliation may be filed and investigated even if the original allegations were UNFOUNDED.)

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7
Q

________ is defined as any action taken or situation created in the workplace, which causes or is likely to cause bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to another member

A

Hazing

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8
Q

Hazing activities:

Hazing activities or behaviors ______ (do /do not?) have to be based on membership in any protected class.

A

Do not

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9
Q

Hazing can be requiring activities that disrupt a person’s normal schedule.

A normal schedule includes:

  • ____ reasonably spaced meals per day

-opportunity for sufficient rest at night

-time required for study outside of scheduled work

-reasonable time for personal hygiene

A

3 meals per day

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10
Q

A member reports to his/her supervisor that discrimination/harassment has occurred but does not want it documented.

Does a supervisor have an obligation to report the claim?

A

Yes. Even if the member claims they do not want it documented, supervisors MUST enter the complaint into the Complaint Tracking System

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11
Q

Most agencies allow how long of a filing period from the date of the most recent alleged harassment?

A

One year

(However, some do have shorter filing deadlines.)

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12
Q

If a non-supervisory member receives information about alleged discrimination or sexual harassment in confidence from another peer-level member, is he or she required to disclose that information to a supervisor?

A

No.

A “confidante” is not required to report the alleged discrimination or harassment. He or she should encourage the member to address his/her concerns through the various resources available.

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13
Q

_________-level members cannot act as confidantes, as they are bound by their responsibility to take prompt and appropriate action, which includes reporting the allegation

A

Supervisory

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14
Q

Officers, Managers and Supervisors that receive a complaint of DISCRIMINATION shall ___________.

A
  1. IMMEDIATELY enter complaint into the COMPLAINT TRACKING SYSTEM
    (even if the member considers their complaint to be “informal” or “unofficial”, does not wish to have it investigated or only wishes to have it documented.)
  2. Take prompt and effective remedial action to STOP the discrimination or harassment and prevent further harm.

(Supervisors may also consult with Professional Standards Division or Professional Standard Division’s EEO Unit for guidance on how to proceed after receiving such a complaint.)

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15
Q

Do individuals who have been the victim of discrimination or harassment have to file a complaint with the Fire Department or do they have other options?

A

No. They can choose any available agency outside of the LAFD.

(Members shall not be forced to file a complaint.)

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16
Q

Confidential or sensitive information obtained by a member during the course of an official investigation, whether acquired as a witness, complainant, respondent, or representative (to any party in the investigation), shall not be disclosed to others unless required by _____.

A

Law

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17
Q

What are the LAFD’s internal reporting procedures for discrimination or harassment (including including hazing and retaliation)?

A
  1. CTS
  2. Immediate Supervisor
  3. Fire Chief and Fire Commission
  4. Any Chief Officer or Supervisor
  5. Equal Employment Opportunity (EEO) Coordinator

(There is a difference with reporting Sexual Harassment. Its all the same except for #4…it is ONLY “Any Chief Officer”.)

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18
Q

What are the other available L.A. City resources someone can use to report discrimination/harassment in the workplace? (Outside the LAFD)

A
  1. Board of Civil Service Commissioners
  2. Personnel Dept - EEO Counselors
  3. Department on Disability
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19
Q

Outside LAFD Resources

The City’s Discrimination Complaint Procedure gives City employees and applicants for City employment the right to file a discrimination complaint with the City’s __________.

A

Civil Service Commission (Staffed by members of Personnel Dept)

(Sexual harassment is a type of discrimination)

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20
Q

If the complainant does not receive satisfactory RESOLUTION of the complaint or does not believe it can be adequately handled at the department level, he or she may submit a discrimination complaint in writing to the ___________.

A

Office of Discrimination Complaint RESOLUTION (ODCR)

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21
Q

The _______ investigates discrimination complaints filed with the City’s Civil Service Commission

A

Office of Discrimination Complaint RESOLUTION (ODCR)

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22
Q

The city’s __________ develops, revises and disseminates policies, protocols, and guidelines as necessary to comply with EQUAL EMPLOYMENT OPPORTUNITY laws and City policies.

A

Personnel Department EEO Section

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23
Q

Members who do not feel comfortable filing a discrimination/harassment complaint within the available Fire Department and City processes may choose to file a complaint with?

A

(Non-Management)

  1. State of California Dept of Fair Employment and Housing
  2. Federal Equal Employment Opportunity Commission.
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24
Q

Written complaints of discrimination/harassment to the City’s Board of Civil Service Commissioners should be sent to?

A

The Office of Discrimination Complaint RESOLUTION (ODCR)

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25
Q

Sexual harassment is a form of ____ discrimination

A

Sex

26
Q

______ and ______ are the best tools for the elimination of SEXUAL HARASSMENT in the workplace.

A

Prevention and education

27
Q

__________ is generally defined as unsolicited, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature directed at a person of the same or of the opposite sex

A

Sexual harassment

28
Q

To constitute sexual harassment, claims do not have to result in economic or serious psychological injury, but they do have to negatively affect a member’s _________.

A

WORK ENVIRONMENT.

29
Q

The Sexual Harassment Prevention Policy and Complaint Procedure covers Members of the Public, Volunteers, or City Contract Workers who are HARASSED by _________.

The City may also be held liable for NON-EMPLOYEES’ harassing conduct towards City employees.

A

CITY EMPLOYEES.

30
Q

According to California law, can non-management employees be held personally liable for harassing a coworker?

A

Yes.

This law is applicable not only to sexual harassment, but also to any form of harassment based on discrimination covered by the State’s Fair Employment and Housing Act.

31
Q

Does the LAFD have a statute for filing sexual harassment/discrimination complaints?

A

No.

However, when a member is considering when to file a complaint they must also consider that the Fire Department’s ability to pursue discipline is impacted by the statutes of limitations applicable to uniformed members.

32
Q

What are the other available city options (outside of LAFD procedures) to report sexual harassment?

A
  1. Personnels Dept’s Citywide Sexual Harassment Counselor.
  2. Board of Civil Service Commissioners/Personnel Dept
33
Q

A member requesting an accommodation due to a disability should simultaneously notify the _______ and the ________.

A

-Supervisor/Commanding Officer

-Reasonable Accommodation Coordinator.

(For sworn personnel, it is advisable to also contact the Medical Liaison Unit.)

34
Q

Members who have suffered an injury or illness while off-duty (NIOD), and desire a temporary light duty position, may submit an F-225, through channels, to _________.

A

Administrative Operations Commander and approved by the FIRE CHIEF

(This request must include a duty certificate from their treating physician.)

35
Q

The City’s Lactation accommodation policy complies with California State _____ Code and Section 7 of the Fair _____ Standards Act.

A

Labor (for both answers)

36
Q

When an officer or Supervisor has been put on notice or discovers that an alleged incident of discrimination, harassment, retaliation or hazing has occurred, they MUST take immediate action to?

A
  1. Stop the behavior
  2. Properly and completely report the incident
  3. Prevent a recurrence
37
Q

What 5 parts makeup the Discrimination Prevention Policy Handbook?

A
  1. LAFD DISCRIMINATION Prevention Policy and Complaint Procedures
  2. LAFD SEXUAL HARASSMENT Prevention Policy and Complaint Procedures
  3. LAFD DISABILITY and REASONABLE ACCOMMODATION Policy and Accommodation Request Procedures
  4. LAFD LACTATION Accommodation Policy
  5. APPENDIXES
38
Q

Illegal harassment that creates a hostile work environment generally requires several elements, including:

A
  1. The complaining party must specify the conduct was directed at a PROTECTED CLASS applicable to them;
  2. The conduct was UNWELCOME; and
  3. The unwelcome conduct AFFECTED a term or CONDITION of EMPLOYMENT and/or had the purpose or effect of unreasonably INTERFERING with his or her WORK PERFORMANCE and/or creating an intimidating, hostile or offensive work environment.
39
Q

For more information on the City’s zero-tolerance policy on hazing, members can refer to Executive Directive _____ and the related posting, located in the Appendix of the DPPH.

A

8

40
Q

When a member complains about discrimination or harassment, the Department, through its supervisory personnel and Professional Standards Division, will:

A
  1. Fully inform the member of his or her right to complain and of his or her right to utilize any of the various avenues available for filing a complaint, both within (including the Complaint Tracking System) and outside of the Department;
  2. If requested by the member, record the member’s complaint by completing a thorough entry of all available information onto the Fire Department’s Complaint Tracking System on behalf of the member. Even if the member claims they do not want it documented, SUPERVISORS MUST enter the complaint into the Complaint Tracking System;
  3. Take prompt ACTION to STOP the discrimination or harassment and prevent further harm. The action shall be commensurate with the severity of the offense and the fact that action was taken will be conveyed to the complainant, and if timely and appropriate, noted in the Complaint Tracking System entry.
41
Q

Officers, Managers and Supervisors who become aware of the discrimination, harassment or retaliation and do not take immediate and appropriate corrective action, including its proper reporting and recording, WILL BE HELD ACCOUNTABLE.

Failure to adhere to the above responsibilities will result in appropriate corrective disciplinary action, up to and including _______, regardless of job level or classification.

A

termination

42
Q

What are the LAFD’s internal reporting procedures for sexual harassment?

A
  1. CTS
  2. Immediate Supervisor
  3. Fire Chief and Fire Commission
  4. Any Chief Officer
  5. EEO Coordinator

(#4 differs slighting depending on if its sexual harassment or the other forms of discrimination. With sexual harassment there is NO “Any SUPERVISOR” option attached to #4.)

43
Q

It is up to the _______ to determine which reporting procedure or agency meets his or her particular needs while understanding that Professional Standards Division may evaluate the severity of any complaint filed internally, differently.

A

individual

44
Q

The following examples describe some of the sexually harassing behaviors that are inappropriate and may be illegal on the job:

A

-Verbal Harassment
-Non Verbal Harassment
-Physical Harassment
-Visual Harassment

45
Q

Members covered by the DPPH:

Members are individuals occupying a position in the classified CIVIL SERVICE, and include:

A

-interns and volunteers
-personal services contract employees
-members exempt from civil service under the provisions of the City Charter including elected and appointed officials.

46
Q

“Non-Members” covered by the DPPH:

A

-public
-customers
-hospital personnel
-service providers (i.e., delivery persons, postal workers, repair persons, etc.)
-vendors
-contractors
-volunteers and others not considered “employees”.

47
Q

Nursing mothers who feel they have been denied appropriate accommodation, or members who may have witnessed a potential act of discrimination against a nursing mother, are encouraged to independently enter a complaint into the Complaint Tracking System

It will be investigated by ___________.

A

the Professional Standards Division’s EEO.

48
Q

The Fire Department’s EEO Coordinator is located in the ____________.

A

Professional Standards Division

49
Q

Should an investigation be warranted, ____________ will serve as the Department’s investigative body for all such claims and shall make recommendations to the Fire Chief if disciplinary action is necessary.

A

Professional Standards Division (PSD)

50
Q

What are the two types of sexual harassment?

A
  1. Quid pro quo.
    (occurs when submission to or rejection of unwelcome sexual conduct is used to make an employment decision affecting the complainant, resulting in some tangible injury to the complainant.)
  2. Hostile work environment.
    (based on unwelcome sexual conduct that interferes with an individual’s work performance or creates an intimidating, offensive, or hostile work environment.)
51
Q

Each _____ is to be RESPONSIBLE for maintaining the integrity of the Department’s complaint and investigative processes.

A

Member

(and most specifically Officers, Managers and Supervisors)

52
Q

The _______ has full investigative responsibility for complaints that fall within the DPPH.

A

Professional Standards Division’s EEO Unit

53
Q

The Fire Department will strictly enforce the DPPH because all forms of discrimination based on any of the protected classes are _________.

A

illegal, unprofessional and disrespectful.

54
Q

It is the policy of the Department to provide equal employment opportunities to all members and applicants on the basis of _______.

A

merit

55
Q

It is the Department’s discretion when placing members on administrative light duty.

The assignment of light duty positions will be based on the NEEDS of the Department. A maximum duration of a light duty assignment is _______.

A

six months

(however the Department may review a member’s prognosis for return to duty in the event the time frame would be exceeded.)

56
Q

All Officers, Managers, and Supervisors are responsible for ensuring that their commands are free of discrimination, harassment and retaliation by:

A

-Scheduling appropriate TRAINING

-Seeking guidance from the proper Fire Department resources

-Promptly conveying or distributing related materials and information as directed

57
Q

Certain employment actions may be ___________ but they do not become unlawful under the law or violate the Department’s policies UNLESS the unfair treatment is motivated in part because of a person’s PROTECTED or “WHISTLEBLOWER” status.

A

harsh, insensitive or unjust

58
Q

The Department prohibits retaliation against anyone who:

A

-reports discriminatory activity
-registers a complaint pursuant to the policy
-assists in making a discrimination complaint
-cooperates in an investigation.

-Any member who makes a sexual harassment complaint; assists, testifies, or participates in any sexual harassment investigation or proceeding
-opposes such conduct in the workplace

59
Q

Any SEXUAL HARASSMENT complaints received or witnessed first hand, Supervisor’s shall:

A

Immediately report to their chain of command

Immediately enter into the Complaint Tracking System

60
Q

A HOSTILE environment is a work atmosphere contaminated by a PATTERN of OFFENSIVE and UNWELCOME conduct directed at an individual’s PROTECTED CLASS status.

A hostile environment is conduct of a _______ nature that is sufficiently severe or pervasive so as to have the purpose or effect of unreasonably INTERFERING with work PERFORMANCE or creating an intimidating, hostile, or offensive working environment.

A

verbal or physical

61
Q

Officers, Managers and Supervisors shall ensure that all members attend scheduled related training to make them aware of ________.

A

(1) Conduct that is discriminatory

(2) The consequences of such conduct

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