EEO process Flashcards
Sexual harassment
Unwelcome sexual behavior which occurred when submission is made explicitly or implicitly as a term or condition of employment.
Unsolicited and unwelcome sexual advances, request for sexual favors, and other verbal, physical, or visual conduct of a sexual nature which occurred when:
Submission is made either explicitly or implicitly as a term or condition of employment.
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such employee; or such conduct has the purpose of or effect of unreasonably interfering with an individuals work performance or creating an intimidating, hostile, or offensive work environment.
Types of sexual harassment
Quod pro quo
Hostile work environment
Hostile work environment
it must be unwelcome
And “sufficiently severe or pervasive to alter the conditions of [the victim’s] employment and create an abusive working environment.”
Behavior must be sexual in nature (applies to sexual harassment)
Unwelcome
Victim did not solicit or invite it.
Although the victim does not necessarily have to confront the harasser, the victim must demonstrate in some manner the behavior was unwelcome. For example, the complainant privately complains to co-workers, displays uneasiness around the alleged harasser, is visibly upset after encounters with the harasser, or does not participate in the harassing behavior.
Severity
“a single, unusually severe incident of harassment may be sufficient to constitute a Title VII violation; the more severe the harassment, the less need to show a repetitive series of incidents. This is particularly true when the harassment is physical.”
Supervisor/Manager conducts
The EEOC also interprets conduct in relation to the perpetrator’s position in the hierarchy of the work setting. In other words, single incidents of sexual conduct (e.g., jokes, comments) perpetrated by a supervisor or manager will carry much greater weight toward establishing a hostile, intimidating, or offensive working environment than similar conduct by a peer of the victim.
Third party sexual harassment
It is important to note this type of hostile environment (sexual harassment) can occur toward the direct recipient of sexual behavior or to an indirect recipient. For example, a third party who is present and is indirectly subjected to sexual behavior, such as seeing inappropriate touching or sexual items, or hearing jokes of a sexual nature directed towards another employee, may lodge a complaint of sexual harassment based on hostile environment.
Prior willing participation
There is a greater responsibility for expressing unwelcomeness in cases where the employee first willingly participates in conduct of a sexual nature, but then ceases this participation and claims any continued sexual conduct has created a hostile environment. According to EEOC, if an employee participates in conduct of a sexual nature, they cannot simply claim later the continued sexual conduct created a hostile work environment. An employee in this situation bears the burden of showing that further conduct is unwelcome, work- related harassment. To do so, the employee must clearly notify the individual that the conduct is no longer welcome.
CHP 237A
Sexual Harassment Prevention and Discrimination Policy Admonition.
Employees shall initial and sign during annual review or after training on these policies. Retained in personnel file.
CHP 237
Sexual Harassment Training Log
CHP 50B
Upward Mobility Career Plan
CHP 440A
Applicant Flow Data Chart
Workforce Analysis
This report is submitted as part of the EEO plan for agencies with 50 or more employees and in lieu of a plan for those with more than 15 and less than 50 employees. For state agencies with 15 or less employees, it is optional but recommended. This report must be endorsed by the Executive Officer or Director of the agency. In the California Highway Patrol, the workforce analysis is completed by Office of Equal Employment Opportunity.
Dispositions for informal complaint
1) complainant does not wish to file the complaint. Counselor shall submit 612B within 5 days:
2) the complaint does not meet the criteria of a discrimination complaint. Counselor shall submit memo within 5 days:
3) if complainant is satisfied of the resolution, counselor shall submit 612B within 5 days:
4) if complainant is NOT satisfied, counselor shall complete 612B within 20 days:
- To division Chief
CHP 612
Formal Discrimination Complaint
CHP 612A
Discrimination Complaint Appeal
Bona fide occupational qualification
A term interpreted to mean that employment decisions based on protected group status (Chapter 2 of this manual) may be acceptable when such characteristic (i.e. women) is shown to be genuinely necessary to the person’s ability to perform the job. Race is never an acceptable bona fide occupational qualification.
Disparate treatment
An individual of a protected group is shown to have been singled out and treated less differently, usually less favorably, than other employees similarly situated.
CHP 612B
Written Report of Inquiry Informal Discrimination Complaint
CHP 26
Classified Document Notice
Reasonable accommodation
Can be denied if the request would cause an undue hardship on the operation of departmental programs or if it can be shown that the person would pose a direct threat to the health or safety of themselves or others
CHP 163
Reasonable Accomodation Request
EEO Programs
Persons with Disabilities Program
Reasonable Accommodation
Upward Mobility
Person with disability
Has a physical or mental impairment which limits one or more of that person’s major life activities.
Major life activity
functions such as caring for one’s self, performing essential tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Basic types of reasonable accommodations
(1) Requests for accommodation in the civil service examination process, including the job interview stage, which allow a candidate with a disability to compete with nondisabled candidates as equally as possible;
(2) Requests for accommodation to allow a person with a disability to perform the essential duties of the job to which they were newly hired or transferred;
(3) Requests for accommodation to allow an employee with a disability to continue to perform the duties of their current position;
(4) Requests for accommodation to allow an employee with a disability to participate in training activities available to nondisabled employees for job improvement and self-development; and,
(5) Requests for accommodation to allow an employee with a disability to have equal access to services and privileges afforded to nondisabled employees.
Two types of job functions
Essential functions
Marginal functions
