Equal Employment Opportunity 10.12 Flashcards
Opening statement
EEO is about……
EEO is about being FAIR, doing what is MORALLY and ETHICALLY right, and treating others with RESPECT and DIGNITY. This is reiterated in G.O. 0.1, the Department’s Organizational Values:
• (FREE) Fairness, respect for other, ethical practices and ethical treatment for all.
Opening statement…
EEO is a legal right afforded to all workers by
• The civil rights act of 1964 and the Government Code
Opening statement…
Not following EEO Policies:
• Creates civil liability; increases sick usage and worker’s comp claims; reduces morale, trust and productivity; creates a negative public opinion; and embarrasses the Department.
Opening statement…
(As for) Employee Rights……
- Encourage to seek informal assistance from an EEO counselor (within 11 months, CHP 612B), appropriate supervisory/management personnel, or Office EEO.
- If ineffective, the employee can file a discrimination complaint, following HPM 10.12 (CHP 612)
- May also file an external complaint with the EEOC/ Equal Employment Opportunity Commission (300 days), DFEH/ Department of Fair Labor and Housing (356 days), DOL/DIR Department of Labor/Department of Industrial Relations (180 days)
***ID: type of Sexual Harassment …
(Quid Pro Quo or Hostile Working Environment), Discrimination (18 groups)
• Upon discovery I will….
take immediate/appropriate action, stop the action, separate employees, remove material
• Notify chain of command and seek guidance, begin investigation
• I will interview the aggrieved employee to gather facts in private location: (CATBED)
o Conduct an investigation
o Attempt to resolve at the lowest level
o Thank the person for bringing the information forward
o Be a good listener, showing concern and taking matter seriously
o Explain employee rights and involve an EEO counselor and support their use
o Document discussion and offer EAP
Advise aggrieved employee: (BPIC)
o Behavior is not OK and will not be tolerated (mention specific: sexual, 18 groups)
o Protected from retaliation; immediate notification if behavior continues or there is retaliation.
o Investigation results at its conclusion
o Confidentiality if possible, but not guaranteed
Speak with discriminatory employee in a private location (PHRASE O)
o POBR o Harassment will not be tolerated o Retaliation will not be tolerated o Adverse Action may be taken o Stop behavior or conduct immediately o Ensure employee understands the EEO policy o Offer EAP
Conduct an impartial, unbiased investigation per HPM 10.12 and 10.2; take appropriate action utilizing progressive discipline if warranted
o Conduct interviews
o Gather evidence
o Check employee history
o If criminal conduct, notify the allied agency (if appropriate) and the D.A.
Documentation:
o CHP 237a (Sexual harassment prevention in personnel file)
o Training Records
o Chronological report per 10.12 and 10.2
o CHP 612 (Formal discrimination Complaint)
o CHP 612B (Written report of Inquiry Informal Discrimination Complaint)
o CHP 612C (EEO Informal Complaint transmittal)
Follow-up:
o Personnel: meeting with involved employees (ensure no harassment or retaliation has occurred)
o Investigative: meet with staff
o Keep Chain of command up-to-date throughout entire process
Training:
o To prevent future recurrences
Briefing, SROVT, Training days
Staff meetings, Annual meetings
Reiterate Public Trust Initiative, Organizational Values
Closing: (SPEARZ)
o Spend time with employees and develop trust, ride-alongs
o Personally, responsible and accountable for EEO climate
o Ensure Area has EEO counselors and support use
o Accountability
o Role model
o Zero tolerance expectations
o Ensure workplace is free of harassment and reasonable accommodations are met.