Employment Diversity Section Flashcards
What is the policy of the dept regarding Employment Diversity
employees have the right to work in an environment free of unlawful
harassment, discrimination, and retaliation from any members of the department based on the employee’s race, color, religion, sex, national origin, age, genetic information, disability, military service, sexual orientation, gender identity or expression (including non-binary), pregnancy, workers compensation status, family medical leave, political affiliation protected by federal and state laws, and/or any other class protected by state or federal law. LVMPD is committed to fostering, cultivating, and preserving a culture of equity and diversity.
Who is responsible for compliance with the EDC policy?
Every member of the department (commissioned and civilian) regardless of rank, title, work status (full-time, part-time, temporary, or volunteer)
All employees of LVMPD have a responsibility to
foster respectful communication, cooperation,
and teamwork and will conduct themselves in a professional manner.
What Bureau is EDS in
Internal Affairs Bureau
What is the responsibility of EDS
Planning, developing, implementing planning, developing, implementing, and maintaining an employment diversity program; receiving internal complaints and inquiries regarding
harassment, discrimination, and/or retaliation issues; conducting mandatory training for all employees regarding employment discrimination and diversity issues; and receiving accommodation requests regarding religion (Americans with Disabilities Act [ADA] accommodation requests are managed by the
Health and Safety Section).
Who does EDS consult with to stop the behavior from reoccurring.
Office of General Counsel and the Office of Labor Relations
When will an EDS complaint be sustained.
they will be sustained if proven by preponderance of the evidence
If an allegation includes claims involving other department violations, who will they consult with?
Officer Of General Counsel
What is an investigator of EDS considered.
An agent of the sheriff and will function without regard to rank or classification.
What is Discrimination?
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.
What is Harassment?
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 information,
disability, military service, sexual orientation, gender identity or expression [including non-binary], pregnancy, worker’s compensation status, family medical leave, or 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.
This includes offensive or derogatory comments (either spoken or written), jokes, pictures, etc., which are made either directly or indirectly toward another person based on their belonging to a protected class. The comments (either spoken or written), jokes, pictures, etc., will be deemed to be offensive or derogatory
based on a reasonable person standard
What are the elements of Harassment?
- Unwelcome;
- Conduct directed at a member of a protected class;
- Offensive to the recipient and to a “reasonable person”; and
- Conduct that is severe or pervasive (e.g., repeated).
What are the Elements of Sexual Harassment
- Conduct is unwelcome;
- Conduct is subjectively and/or objectively offensive; and
- Conduct or proposal is sexual in nature;
a. 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.
What can also be considered Sexual Harassment
Simple teasing, offhand comments, or isolated incidents can still rise to the level of sexual harassment if the conduct is so frequent or severe that it creates a hostile or offensive work environment
What is Retaliation?
negative job action taken against an employee who has engaged in a protected activity regarding harassment, discrimination, and/or retaliation, and a causal link exists between the action and the engagement in the protected activity
What are considered Protected Activities?
include filing an EDS complaint, encouraging another employee to file a complaint, and/or participating in an EDS-related investigation
LVMPD, or any member thereof, will not _______ against an employee who has complained, assisted, or otherwise participated in an EDS investigation or complaint process with this department.
Retaliate
Define Unprofessional Conduct?
behavior did not violate language specifically related to harassment, discrimination, and/or retaliation, the case may be sustained for
unprofessional conduct
What can be considered Unprofessional Conduct
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. Unprofessional conduct may affect and/or unreasonably interfere with an individual’s work performance and may create an intimidating or offensive work environment.
All complaints and Investigation will remain
Confidential
Who can release information regarding Harassment, discrimination, and retaliation?
EDS Director or IAB commander at the direction of OGC
How will complaints be accepted?
In person, Mail, email, or phone
Do you have to be the intended target to file a complaint?
No, Witnessing offensive behavior between other members can be grounds for filing a complaint
How will the complaints be reviewed?
by the EDS director utilizing federal laws, state laws, and Equal Employment Opportunity Commission (EEOC) and Nevada Equal Rights Commission (NERC) standards.
What are the steps to file a complaint of Harassment (Sexual or otherwise), discrimination, and retaliation?
- Contact any supervisor, EDS, or IAB to seek assistance in filing a complaint of harassment (sexual or otherwise), discrimination, and/or retaliation.
- In coordination with EDS, submit a complaint (email, memorandum, Statement of Complaint, verbal interview, etc.) to the EDS director, including all pertinent information relative to the alleged harassment, discrimination, and/or retaliation within 300 days of the last incident. Complaints submitted after the 300 days will be evaluated on a case-by-case basis, except for the Uniform
Service Employment Re-Employment Rights Act of 1994 (USERRA), which has no statute of limitation.
What does a Supervisor do when he receives an EDS complaint?
- Immediately contact EDS and assist any member with a complaint of harassment, discrimination, and/or retaliation in documenting and filing the complaint.
Who may complainants seek relief from?
Equal Employment Opportunity Commission (EEOC) and Nevada Equal Rights Commission (NERC) standards and EDS Director
How is a false report handled?
If found intentionally false and done maliciously, individual can be subject to discipline. Does not apply to reports made in good faith even if facts cannot be suspstantiated.
What 6 steps will Supervisors do to prevent conduct?
- Continually monitor the work environment for signs that harassment, discrimination, and/or retaliation may be occurring.
- Refrain from participation in, or encouragement of, actions that could be perceived as harassment, discrimination, and/or retaliation (verbal, written, or otherwise).
- Counsel all members on the types of behavior prohibited and the procedures for reporting and resolving complaints of harassment, discrimination, and/or retaliation.
- Stop any observed acts that may be considered harassment, discrimination, and/or retaliation and take appropriate steps to intervene, whether or not the involved members are within their line of supervision.
- With the recommendation of EDS, take action to limit the work contact between two members where there has been a complaint of harassment, discrimination, and/or retaliation pending an
investigation. - Report all complaints of harassment, discrimination, 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.
What is the responsibility of every department member to prevent conduct?
- Refrain from participation in, or encouragement of, actions that could be perceived as harassment, discrimination, and/or retaliation (verbal, written, or otherwise).
- Report acts of harassment, discrimination, and/or retaliation.
- Encourage any member, who confides that they are being harassed/discriminated against, to report the acts by contacting any supervisor, EDS, or IAB to seek assistance.
Who reviews Religious Accommodation Requests?
All religious accommodation requests will be reviewed and processed on a case-by-case basis by the EDS director.
Who does requestor of Religious Accommodation contact?
Notify the EDS director and/or immediate supervisor of the need for a religious accommodation in a timely manner to begin the formal interactive process.
What does a Supervisor do with a Religious Accommodation Request?
Notify the EDS director of the request for a religious accommodation by a member in a timely manner to begin the formal interactive process.
