Harassment

Question 1

Race/ Color
Harassment based on race or color are somewhat unique in that they do not necessarily involve the loss of any tangible job benefits. However, the victim is subjected to discriminatory “conditions” of employment in the form of racial harassment such as _________, ______________ or _____________or ____________.

Answer 1

racial epithets, racial intimidation or derogatory jokes or remarks.

Question 2

Title VII affords individuals protection from discrimination based on sincerely held religious beliefs and practices. A sincerely held religious belief is defined as a sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by the God of traditionally recognized religions.

True or False

Answer 2

True

Question 3

If a religious belief or practice is impacted by an employer’s policies or practices, the employer has a duty to accommodate that belief or practice, unless the accommodation creates an ___________ hardship.

a. adverse
b. unacceptable
c. unfair
d. undue

Answer 3

D. UNDUE

Question 4

If an religious accommodation is granted it could result in an exemption or deviation from existing policies or practices. However, the employer is not required to provide an accommodation if it requires more than a de minus cost or de minimus impact on co-workers. Additionally, the employer is not required to provide an employee’s preferred accommodation if multiple accommodations are available that would eliminate the conflict between the employee’s religious belief and work.

True or False

Answer 4

True

Question 5

Request for religious accommodation will be considered on a case by case basis. Each request will neet to be forwarded to the ________.

a. Office of Employment Diversity
b. Internal Affairs
c. a and b
d. Bureau Commander
e. all of the above

Answer 5

a. Office of Employment Diversity

Question 6

True or False:

Title VII also imposes on an employer the duty to protect its employees from harassment by either co-workers or supervisors where such harassment is because of or related to the employee’s religious belief.

Answer 6

True

Question 7

The broad definition of discrimination based on national origin prohibits denial of equal employment opportunities based on:

Answer 7

a. individual’s ancestor’s place of origin;
b. possession of physical, cultural, or linguistic characteristics of a national origin group;
c. marriage to or association with persons of a national origin group;
d. membership in, association with, an organization identified with, or seeking to promote the interest of a national origin group;
e. attendance at or participation in schools, churches, temples, or mosques generally used by persons of a national origin group; or
f. bearing a name, or being married to someone with a name, that is associated with a national origin group.

Question 8

Sex harassment is sex discrimination not because of the sexual nature of the conduct to which the victim is subjected, but because the harasser treats a member or members of one sex differently from members of the opposite sex.

True or False

Answer 8

True

Question 9

Harassment that if directed at an individual because of his or her sex- whether by the employer, a supervisor, or co-worker constitutes prohibited sex discrimination under ____________.

Answer 9

Title VII

Question 10

Federal law does not provide protection toward sexual orientation although NRS 613.330 extends the protection at the State level.

In addition, LVMPD has a ______ ________ for any form of harassment or discrimination based on an individual’s sexual orientation.

Answer 10

zero tolerance

Question 11

The Age Discrimination in Employment Act of 1967 protects individuals who are forty years of age or older from employment discrimination based on age.

In the State of Nevada, what is the age floor for discrimination?

a. 65
b. 40
c. 55
d. no floor exist

Answer 11

d. No floor exist

any age discrimination is prohibited, which omits the age-40 floor.

Question 12

Sexual harassment is a form of ____ __________ in which the prohibited conduct is sexual in nature, not just sex-based.

Answer 12

sex discrimination

Question 13

What is the criteria to constitute sexual harassment as established by Section 703 of Title VII?

Answer 13

Conduct must be UNWELCOME
AND
of a SEXUAL NATURE

Question 14

Sexual harassment is NOT normal, pleasant, friendly, or even mildly flirtatious interactions, as long as no reasonable person is offended.

True or False

Answer 14

TRUE

Question 15

The Equal Employment Opportunity Commission (EEOC) enforces sexual harassment guidelines and defines it as:

Answer 15

“The unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature.”

Question 16

Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature is behavior that constitutes sexual harassment when:

a. submission to such conduct is made explicitly or implicitly a term or condition of an individuals employment
b. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual
c. such conduct has the PURPOSE or EFFECT of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
d. all of the above
e. none of the above

Answer 16

D. All of the above

Question 17

What are the two types of sexual harassment as defined by the EEOC’s guidelines?

Answer 17

• Quid Pro Quo

- Hostile Environment

Question 18

Harassment that represents a more traditional type of discrimination in that a supervisor relying upon apparent or actual authority extorts sexual consideration from an employee by threatening to withhold a tangible benefit such as continuing employment, a promotion or an increase in wages is ___________.

a. Hostile Environment
b. Quid Pro Quo
c. Unwelcome Conduct
d. None of the above

Answer 18

B. Quid Pro Quo

Question 19

Quid Pro Quo harassment can be either ______ or ____________.

Answer 19

expressed or implied

Question 20

One isolated incident can be enough to allege quid pro quo harassment if the charging party can show:

Answer 20

• That the sexual advances were unwelcome;
• That the harassment was sexually motivated
• That the employee’s reaction to the supervisor’s advances affected a tangible aspect of his or her employment

Question 21

_______ work environment claim usually involves sexual conduct or gender-based abuses which have the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.

a. Unwelcome
b. Quid Pro Quo
c. Hostile
d. None of the above

Answer 21

C. Hostile

Question 22

For sexual harassment to be considered a violation under Title VII, it must meet what two criteria:

Answer 22

• Sufficiently severe or pervasive to alter the condition of the victim’s employment
  AND
• Create an abusive work environment

Question 23

LVMPD prohibits offensive displays or depictions of any persons in a _____ class in the workplace.

Answer 23

PROTECTED

Question 24

The perspective generally endorsed by courts to determine if the harassment is sufficiently severe or pervasive to establish a hostile environment is whether a “__________ _______” would be offended by the conduct and whether that conduct would have interfered with a reasonable individual’s work performance.

a. justified person
b. honorable person
c. protected person
d. reasonable person

Answer 24

d. reasonable person

Question 25

The Supreme Court’s 1994 decision on the definition of a “reasonable person” is consistent with the EEOC’s view that a reasonable person is one with the perspective of the _______.

a. employer
b. government
c. victim
d. none of the above

Answer 25

d. Victim

Question 26

Challenged conduct, of sexual harassment, must be unwelcome in the sense that the employee:

1. ___________
2. ___________

Answer 26

1. Did not solicit or incite it

2. Regarded the conduct as undesirable or offensive

Question 27

The correct inquiry, as relates to sexual harassment, should be whether the complainant by her conduct indicated that the alleged sexual advances were__________, not whether her actual participation in sexual relations was __________.

a. voluntary/ unwelcome
b. welcome/ involuntary
c. unwelcome/ voluntary
d. none of the above

Answer 27

C. unwelcome/ voluntary.

Question 28

True or False:

It is important to provide notice to others that behavior that may once have been fine is now unwelcome and offensive. Otherwise, coworkers may be entitled to rely on past behavior to assume conduct is still as welcome as it ever was.

Answer 28

TRUE

Question 29

True or False:

Even though a complaint of hostile or offensive work environment may not result, ALL employees must remember that they have an obligation under Title VII NOT to participate in such conduct which is inappropriate for the workplace.

Answer 29

FALSE
ALL employees must remember that they have an obligation under the LVMPD policy NOT to participate in such conduct which is inappropriate for the workplace.

Question 30

True or False:

Regardless of what reluctance the victim displays or expresses, all complaints of sexual harassment should be taken seriously and must be investigated.

Answer 30

TRUE

Question 31

The Americans with Disabilities Act (ADA) protects individuals with a physical or mental _________ and who are __________ for the job they are seeking or currently hold.

Answer 31

Disability/ Qualified

Question 32

For purposes of the ADA, an individual has a disability, if she or he:

Answer 32

• has a physical or mental impairment that substantially limits one or more major life activities
• has a “record of” such an impairment, or
• is “regarded as” having such an impairment.

Question 33

Define:

Impairment

Answer 33

“A wide variety of disorders or conditions affecting any number of body systems”

Question 34

Define:

Major Life Activities

Answer 34

walking, seeing, hearing, speaking, breathing, learning, sitting, standing, lifting, and reaching have been recognized by the courts as MLA.

Question 35

Define:

Substantially Limits (EEOC standards)

Answer 35

“Unable to perform a major life activity that the average person in the general population can perform.”
OR
“Significantly restricted as to the condition, manner or duration under which the activity is performed.”

Question 36

True or False:
Impairments that substantially limit a major life activity for any length of time are considered a disability under the ADA.

Answer 36

FALSE:
Impairments that substantially limit a MLA BUT is not long term (less than three months) are not normally considered a disability under the ADA.

Question 37

According to ADA, a qualified individual with a disability is an individual:
1__________
AND
2__________

Answer 37

1. who meets the skill, experience, education, and other job related requirements of a position held or desired
   AND
2. Who with or without reasonable accommodation can perform the essential function of the job.

Question 38

The _____________ will coordinate job accommodations for matters involving ADA.

a. Risk Management
b. Office of Employment Diversity
c. Health and Safety Manager
d. Bureau Commander

Answer 38

C. Health and Safety Manager

Question 39

ADA
True or False:
Supervisors are discouraged from participating in the process to make proper accommodations and decisions for employees and applicants that may be considered disabled under ADA.

Answer 39

FALSE:

Supervisors ARE ENCOURAGED to participate

Question 40

ADA
True or False:
Supervisors will not inquire as to nature or cause of disability, only how disabling conditions affect the employee’s ability to perform functions of their regularly assigned job.

Answer 40

TRUE

Question 41

Employees who believe they are covered under ADA and in need of a job accommodation should advise the Health and Safety Manager through whom?

Answer 41

immediate supervisor or division/ office commander

Question 42

Age Discrimination Employment Act (ADEA)

prohibits age discrimination in employment against “individuals who are at least _____ years of age” whose employer has _____or more employees.”

a. 40/ 20
b. 65/ 50
c. 50/ 20
d. any age/ 100

Answer 42

a. 40/ 20

Question 43

Age Discrimination Employment Act (ADEA)
True or False:

NRS makes Nevada one of several states that omits the age 40- floor.

Answer 43

TRUE

Question 44

Age Discrimination Employment Act (ADEA)

True or False:

In a claim of age discrimination a complainant does not need to show they were replaced or treated differently than someone outside the protected age group (under 40).

What is prohibited is discrimination based on an individual’s age, not his protected class membership.

Answer 44

TRUE