EEO Manual Sgt’s study deck Flashcards
What are the protected groups?
Age
Ancestry
Color
Disability including AIDS and HIV
Gender and gender identity/expression
Genetic information
Marital status
Medical condition( cancer and genetic characteristics)
Military and veteran status
National origin
Political affiliation
Race
Religion
Retaliation
Sex
Sexual orientation
T/F: California code of regulations, title 2, prohibits harassment of employees based on breastfeeding
True
Supervisors shall receive sexual harassment prevention training within—-months of their promotion and every ____year(s) after.
6 months
2 years
For sexual harassment to be determined to have created an intimidating, hostile, or offensive work environment the following three criteria must be met:
- Behavior must be unwanted
- The behavior must be unwelcome
- Must be severe or pervasive enough to create a hostile intimidation, or offensive work environment
Sexual harassment is a form of sex discrimination under title —— of the federal civil rights act of 1964
Title VII
Employers will be deemed to have known of upon reasonable diligent inquiry-
1-
2-
1-Managers or supervisors could have discovered the problem
2-harassment is openly practiced in the workplace and is well known among employees.
Supreme Court ruled that for sexual harassment to rise to the level of hostile work environment:
It must be severe or pervasive to alter the conditions of the victims employment an create an abuse environment
Must the victim demonstrate in some manner the behavior was unwelcome?
Yes
Supervisor and managers shall have employees initial and sign the CHP —-
Sexual harassment and discrimination policy admonition when?
237A
Annual review, after any training on these policies, transfer
T/F —A current drug user has no protection under the ADA or FEHA if the employer acts on the basis of such use.
A person who uses alcohol is not denied protection under the ADA or d FEHA. AN alcoholic may be entitled to consideration of accommodation.
True
True, but may be disciplined, terminated, or denied employment if it adversely arrest job performance or conduct to the extent that they are not qualified
T/F - all requests for reasonable accommodation need to be in writing, CHP 163 should be completed by employees, if not capable, supervisors may need to complete the request on their behalf
True
What external agencies handle resolving discrimination complaints
State- department of fair employment and housing (DFEH) and department of industrial relations (DIR)
Federal- equal employment opportunity commission EEOC, Department of Labor
T/F: EEO counselors must be separate from the formal complaint process in order to function effectively and attempt to resolve problems before they become formal complaints
True
In regards to EEO complaints, does the complainant have the right to representative of their choice?
Yes, EEO investigators shall inform the complainant of this right
The internal complaint process is intended as a means of providing employees and applicants of the department with the uniform method for raising allegations and complaints of discrimination, thereby ensuring that means of resolving complaints ______-
Quickly equitably, and at the lowest level possible through the use of trained EEO, counselors and EEO investigators
The complainant has —- months from the last incident to contact an EEO counselor regarding discrimination related issues
11
True or false at the initial stage of an informal complaint, the complainants name may be kept anonymous if they desire however, the person named as causing the alleged act of discrimination must be named
True
If the complainant elects to waive anonymity obtain permission by having the complainant signed the waiver of anonymity section on what form
CHP 612B
While trying to resolve the complaint at the lowest possible level, the counselor shall or shall not conduct an investigation or review employee personnel files, or gather any information obtain through the investigative process
Shall not
The CHP 612 B written report of inquiry in formal discrimination. Complaint shall be completed within how many working days of the initial contact if the complaint is not resolved to the complainant satisfaction?
20
Is it imperative that the complainants signature be obtained on all applicable CSP 612 series documents?
Yes
Employees who alleged discrimination as the motive for an adverse action or rejection during probation, must file an appeal directly with who?
State personnel board, SPB
In accordance with the state of California records retention schedule copies of the CHP 612 series forms shall be retained by divisions for a period of how many years from the date the initial complaint was filed? copies of the discrimination complaint investigations shall be retained by divisions for a period of how many years from the date the complaint was closed.
2 years
5 years
Time frames to file a complaint
1. department of fair employment and
housing
2. equal employment opportunity commission
3. Federal department of labor.
4. CHP internal formal complaint
365 days
300 days
180 days
11 months
