EDS Employment Diversity Section (IAB)

Question 1

Federal and State Law prohibits discrimination on which protected classes?

Answer 1

-Race
-Color
-Religion
-Sex
-National Origin
-Age
-Genetic Information
-Disability
-Military Service
-Sexual Orientation
-Gender Identity/Expression
-Political Affiliation

Question 2

What are the multiple categories of Discrimination?

Answer 2

-Discrimination
a. Disparate Treatment
b. Adverse Impact
-Harassment
-Sexual Harassment
a. Quid Pro Quo
-Hostile Work Environment
-Retaliation

Question 3

Disparate Treatment definition

Answer 3

Disparate or different treatment occurs when an employer treats an individual less favorably than other(s) similarly situated individuals because of their protected status.

Question 4

Adverse Impact definition

Answer 4

The Uniform Guidelines on Employee Selection Procedures defines adverse impact as:
“A substantial different rate of selection in hiring, promotion, or other employment decision which works to the disadvantage of members of a race, sex, or ethnic group.

Question 5

Harassment definition

Harassment requires that the offensive conduct be continuous, frequent, repetitive, part of an overall pattern rather than one event or even several isolated events. Dept policy is more stringent than Federal or State Law and ONE incident can be enough to sustain a complaint.

Answer 5

Based on that employee’s membership in one or more of the protected classes that has the purpose or effect of unreasonable interfering with an individual’s work performance creating an intimidating, hostile or offensive work environment.
The conduct must rise to a level that the complainant’s job performance is interfered with or their working atmosphere is rendered abusive.

Question 6

Sexual Harassment definition

Answer 6

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that could affect an individual’s employment status, opportunities, work performance or could create a hostile, offensive, intimidating work environment is sexual harassment. The conduct MUST BE UNWELCOMED and of a SEXUAL NATURE.

Question 7

Categories of Sexual Harassment: Quid Pro Quo

Answer 7

“this for that” Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.
-submission or rejection of such conduct by an individual is used as the basis for employment decisions affecting such an individual
-An employee may acquiesce to demands and still have a claim of sexual harassment. Once it is understood that advances are no longer welcome continued action may be actionable.

Question 8

Hostile Work Environment definition

Answer 8

The conduct is severe and pervasive enough to create an objectively hostile, offensive, or intimidating work environment by a reasonable person standard.
Conduct affects terms, conditions, and/or privileges of employment.

Question 9

Sexual Harassment-even one incident, if it is sufficiently serious, may constitute sexual harassment

Answer 9

If it is deemed NOT TO RISE TO THE LEVEL OF HARASSMENT, it may constitute Unprofessional Conduct 8.325 OR violate another LVMPD policy.

Question 10

Retaliation definition

Answer 10

Occurs when an employee is subjected to adverse employment action based on their participation in a complaint regarding charges of harassment or discrimination. Employees MUST be able to show a casual link exists between the adverse action and their involvement in a complaint.

Question 11

Employment Diversity Section -Supervisor responsibilities include

Answer 11

Title VII of the Civil Rights Act:
Sups and Managers WILL conduct regular reviews with each employee to ensure they understand their obligations under the policy, & set the proper example at all times.

Sups & Managers WILL ENFORCE the Dept’s Policy

Question 12

Preventing Complaints

Answer 12

Supervisors who act professionally and decisively in dealing with behavior that could result in an allegation of harassment or discrimination will send out a strong message that it WILL NOT be tolerated.
Sups MUST STOP Offensive Conduct BEFORE it becomes Pervasive or Severe as defined by law & dept policy, regardless of the subordinate’s chain of command.

Question 13

Receiving Complaints

Answer 13

Complaints will be accepted from any source (including anonymously) whether in person, by mail, electronic mail, or by telephone.

Question 14

Prevention of EDS Complaints SUPERVISORS WILL

Answer 14

1. Continually MONITOR the work environment for signs of:
   -harassment/
   -discrimination/
   -retaliation
2. Refrain from participating or encouraging behavior that could be perceived as a violation of 8.325
3. Stop any observed acts that could be considered a violation, this MUST be done regardless of the employees Chain of Command
4. REPORT any concerns to EDS, and ensure that the information is kept confidential, only discussed with others if advised to do so by EDS or OGC

Question 15

Complaints of harassment or discrimination can be received by any one of the following three parties

Answer 15

1. Any supervisor
2. Employment Diversity Section
3. Internal Affairs Bureau
   *All complaints of harassment or discrimination will be reviewed by the Director of EDS

Question 16

PEAP-Police Employee Assistance Program Sup Guide to Employee Enhancement ph# 702-828-3357

Answer 16

PEAP avail 24/7-365
-services are confidential except where disclosure is required by law
-PEAP oversees the Police Chaplain program
-Counseling is provided through (BHO)-Behavioral Health Options all LVMPD employees are entitled to 3 free visits w/ a counselor each calendar year. It is recommended to call 2-3 counselors and get the “Auth Number” provide it to the counselor for the “free service.
BHOptions.com
Click the work-life resources
Enter the company code: LVMPD

Question 17

How does a Supervisor Contact PEAP?

Answer 17

For an immediate response during business hours call the PEAP office 702-828-3357 or after hours call: the dispatch sup at 702-828-7110 to be connected to the on-call PEAP supervisor
*if it does not require immediate assistance leave a message on the VM

-Employees can also send email requests for assistance or guidance PEAP@lvmpd.com (checked M-F)

PEAP has an internal site with resources and links

Question 18

When should a supervisor make an IMMEDIATE PEAP notification?

Answer 18

1. LVMPD employee is the victim of a person crime i.e. robbery, DV, etc
2. An LVMPD employee has been arrested for a crime
3. LVMPD employee has been involved in a stressful incident during their workshift and Sup feels the employee or team needs add’l resources to process the event.
   Not limited to LEO’s includes PSRs, CSA’s, call takers, dispatchers, and LESTS
   *Dispatch notifies PEAP immediately on critical incidents such as OIs’s or when employee is 492ed due to an on-duty injury

Question 19

When should a SUP make a call or send an E-mail for PEAP assistance?

Answer 19

1. An employee has lost an immediate family member to death
2. Employee or immediate family member has been diagnosed with a serious illness
3. An employee has exhibited poor performance which may be due to personal stressors
4. Employee has shared they have an immediate family member who is suffering from a debilitating illness or dementia
5. Employee is having issues with children, parents, or extended family affecting their ability to do their job
6. Anytime the employee has responded to, or witnessed a crime where the sup believes the employee has been affected-call PEAP to maintain emotional health and wellness
7. Employee is experiencing a life stressor where PEAP may be able to provide resources-Martial issues, gambling, alcohol
8. An employee was the victim of a crime and has court proceedings they must attend
9. A Sup would like assistance in speaking with an employee regarding PEAP.

Question 20

PEAP is a confidential & privileged resource for employees except

Answer 20

Except when:
1. the participant is an immediate threat to self or others
2. the participant admits to the commission of any crime (including illicit drugs)

Question 21

What should a SUPERVISOR do once they contact PEAP reference an employee?

Answer 21

Reach out to the employee and ask how they are doing and if there is anything you can do for them

PEAP WILL NOT call the SUP to update them on the status of an employee not will PEAP discuss if the employee took recommendations for assistance offered by PEAP as this is confidential.

Question 22

What should a SUP or peer employee do when another employee has been placed on ADMIN LEAVE?

Answer 22

AL=Admin Leave
ROD=Relieved of Duty
a leave status for a variety of reasons: result of a critical incident, an SOC, or OIS is stressful for the employee. Do not exclude the member invite them to lunch, group outings, and text them to check on them.

Employees on AL may attend briefings and squad training BUT they CANNOT be in uniform or in a Patrol Car.

Encourage your team to interact with them so they don’t feel ostracized but don’t ask them questions about their incident.

Supervisors SHOULD NOT ask their employee when they will be back to work.

Question 23

What should a Sup do if their employee has made remarks about suicide during their interaction

Answer 23

Ask:
“Are you thinking about killing yourself”?
“Are you having thoughts about killing yourself”
If the answer to either of these questions is yes, IMMEDIATE CONTACT PEAP 24/7

Crisis Intervention -Relief of Duty and Temp Assignment LVMPD policy 5.101.28

Question 24

Crisis Intervention -Relief of Duty and Temp Assignment LVMPD policy 5.101.28

Member Crisis Intervention and Support

Member whose articulable behavior on or off duty provides evidence that he may be a threat to him/herself or others to ensure safety in the workplace

In events in which there have been overt acts to harm oneself or others this procedure is Mandatory!!!!!

• In the event, the behavior is in violation of any dept. policy, rule, reg, or procedure this procedure does not preclude the COC from initiating an investigation IAW LVMPD 5/101.26 Maint of Values and Ethics

Answer 24

The following forms will be filled out:

1. Employee Crisis Intervention Form
2. Supervisor’s Memorandum
3. Professional Assessment Report (generated during a member intervention will be used for the administration and application of this procedure only and will be maintained in a confidential file in the Health Detail)
   4.

Question 25

CRISIS INTERVENTION PROCEDURE: (upon becoming aware of an incident/situation affecting a member who represents a risk of harm to self or others) IMMEDIATE SUPERVISOR WILL:

Answer 25

1. Become aware of a situation mbr wants to harm oneself or others
2. Evaluate the info and conduct a prelim investigation!
3. If a potential harm exists place the mbr on admin leave IAW LVMPD policy 5/101.28 Relief of Duty and Temp Assignment
   The box labeled “Active Duty status may be detrimental in your current assignment with the Dept” WILL BE CHECKED!!!! Notify the Bureau Cmdr if unavail contact the Watch Cmdr refer to LVMPD Policy 6/005.00 Handling Persons with Special Needs and/or considerations if imminent danger exists
4. Complete LVMPD 278, Employee Crisis Intervention Form, and add’l memo with supporting Info (if appropriate) and FWD through COC to the Bureau-Area Cmdr

Question 26

If the member is unable to return to work the SUPERVISOR WILL

Answer 26

1. Maintain Comms w/ the director of Risk Mgmt and monitor the mbr’s progress and status
2. If the mbr’s leave is extended beyond 12 weeks, as allowed under the FMLA or termination is recommended, communicate with the Office of Labor Relations regarding appropriate administrative action thereafter

*To ensure confidentiality for the mbr, the words, “Mbr Crisis Intervention” SHOULD NOT appear on the Amin Leave/Relief of Duty Form

Question 27

Discrimination 8.325.3

Answer 27

Discrimination is an act, practice, or pattern of behavior based on individuals or groups of a protected class which has a negative effect on an individual or identifiable group compared to the impact on members of other groups. LVMPD prohibits all types of discrimination in hiring, retention, promotions, or other benefits of employment.

Question 28

Harassment 8.325.4

Answer 28

Harassment is unwelcome conduct (verbal or physical) based on the member belonging to one or more of the recognized protected classes (race, color, religion, sex, national origin, age, genetic info, disability, military service, sexual orientation, gender identity, or expression (including non-binary) , pregnancy, worker’s comp status, FMLA, political affiliation pursuant to federal and state laws).

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.

Question 29

The Elements of Harassment 8.325.4

Answer 29

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 30

Sexual Harassment 8.325.5

Answer 30

May include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Certain behaviors may constitute sexual harassment when:
1. Conduct is unwelcome
2. Conduct is subjectively and/or objectively offensive and
3. Conduct or proposal is sexual in nature
a. proposal or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
b. A proposal of such conduct is made either openly or indirectly and is a term or condition of an individual’s employment or
c. 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 31

Protected activities - EDS retaliation

Answer 31

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

Question 32

Retaliation

Answer 32

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.

Question 33

Unprofessional Conduct 8.325.7 of EDS

Answer 33

At the conclusion of an EDS investigation if it is determined that the behavior did not violate language specifically related to harassment, discrimination, and/or retaliation the case MAY BE SUSTAINED for Unprofessional Conduct.

Unprofessional conduct may include comments, actions, or behavior that disparages or demonstrates hostility or aversion towards any person that could reasonably be perceived as disruptive, disrespectful, offensive or inappropriate,

Question 34

Confidentiality

Answer 34

All complaints & investigations handled by EDS will remain strictly confidential. Info regarding matters of harassment, discrimination, and/or retaliation will only be released by the EDS director or the IAB commander at the direction of OGC (Office of General Counsel)

Question 35

Supervisor / person contacted will

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

Prohibited Conduct Prevention 8.325.11
ALL SUPERVISORS WILL

Answer 36

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

1. Continually Monitor the work environment for signs that harassment, discrimination, and/or retaliation may be occurring
2. Refrain from participation in, or encouragement of, actions that could be perceived as harassment, discrimination, and/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, discrim, 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 2 members where there has been a complaint of harassment, discrimination, and/or retaliation pending an investigation.
6. Report all complaints of harassment, discrim, 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 37

Religious Accommodation Requests 8.325.15 Supervisor will…

Answer 37

Notify the EDS director of the request for a religious accommodation by a member in a timely manner to begin the formal interactive process.

The EDS director will provide the requestor with the Request for Accommodation for Religious Observance

Question 38

Maintenance of Values and Ethics 8.330

8.330.1 Complaints and Internal Investigation Procedures

8.330.2 Adjudication of Complaints (Formal discipline)

Answer 38

1.120 Law Enforcement Code of Ethics-all employees comm and civ must abide by

Civil Service Rule 510 - “Standards of Conduct”

8.330 - this policy identifies how a complaint will be received, investigated, and adjudicated.

Question 39

8.330.1 Complaints & Internal Investigation Procedures

I. Authority of IAB & Bureau Command Investigators

Answer 39

-IAB including IA Investigators, the Criminal Investigations Section (CIS), the Employee Early Identification and Intervention Program (EIIP), and the Employment Diversity Section (EDS) are the direct reps of the Sherriff.

IAB is authorized to report directly to the Sherriff concerning any investigation.

Internal Investigative files are maintained by IAB or EDS.

IAB and command investigators will receive the full cooperation of all Dept employees whether subject, complainant, or witness failure to cooperate will be considered insubordination and subject the employee to disciplinary measures up to and including termination.

Question 40

Types of Investigations -Maint of Values & Ethics

Answer 40

1. Citizen Contact/ Prelim Inquiry: Not considered formal investigations these are conducted to determine the nature of the complaint.
2. Citizen Review Board (CRB): Created by law to review internal investigations concerning complaints against commissioned police and corrections officers. (Ensures public confidence in LVMPD’s ability to effectively investigate conduct complaints)
   CRB requests go through the IAB Cmdr, in his absence it is the Deputy Chief of the Professional Standards Division.
3. Customer Service Dispute: Disputes concerning the methods and procedures used by the dept. A customer service dispute is investigated by a sup. These disputes are not a an allegation that involves a violation of law or dept policy.
4. Minor Allegation Investigation: Allegations of misconduct that if found to be true could result in discipline in a written reprimand. These cases can be investigated by the bureau upon approval and direction from IAB.
5. Major Allegation Investigation: Allegations of misconduct that if found to be true could result in a disciplinary transfer, suspension, demotion, or termination. All such cases will be investigated by IAB unless otherwise directed by the Sheriff or designee.

Question 41

Internal Investigation Findings

Investigations conducted by the Dept upon completion are given findings by IAB as follows:

Answer 41

1. Sustained -Investigation established that misconduct occurred
2. Not sustained- Investigation failed to produce sufficient evidence to clearly prove or disprove the allegation
3. Unfounded- The alleged act did not occur
4. Exonerated - The alleged act did occur but was justified, legal, and proper
5. Misconduct Not Based on Complaint-Misconduct occurred but was not a part of the original complaint
6. Policy Failure - The act did occur and was in compliance with Dept policy however, the determination is the allegation of misconduct could have been prevented had policy been more clear or complete.

Burden of Proof: The Depts burden of proof for internal investigations is that of clear and convincing evidence. A stricter burden of proof beyond a preponderance of evidence but less than beyond a reasonable doubt. Before an employee can be held accountable the investigation MUST demonstrate that the conduct was substantially more likely than not to have occurred.