HPM 10.12 Flashcards by Seth Preston

Managers and supervisors are responsible for maintaining a work environment free of discrimination and harassment and for providing _________ accommodation to qualified employees with disabilities to assist them with performing the essential functions of their positions.

a) reasonable
b) normal
c) substantial

a) reasonable

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All managers and supervisors are responsible and accountable to the appropriate Division Chief for personnel practices consistent with the Department’s EEO Program. Managers and supervisors shall be familiar with EEO policies and shall ensure the dissemination of EEO Program information to all employees within their command. Further, it is the responsibility of all _______and ________ to support, implement, and facilitate the Department’s EEO policy, and to ensure hiring, promotion, assignment, and training of personnel is conducted consistent with policy.
a) managers and supervisors
b) chiefs and captains
c) Commanders and Supervisors

a) managers and supervisors

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Each employee is responsible for ensuring their conduct adheres to the Department’s EEO Program policies. Any employee who willingly and knowingly fails to adhere to the intent of this policy will be subject to appropriate disciplinary action, up to, and including, ________.
a) dismissal
b) suspension
c) written reprimand

a) dismissal

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Harassment is defined as pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected _____.
a) assembly
b) group
c) None of the above

b) Group

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Petty slights, annoyances, and isolated incidents, unless extremely serious, will not rise to the level of harassment. To be unlawful, the conduct must create a work environment which would be intimidating, hostile, or offensive to a _______ _______.

reasonable person

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An employee who engages in unlawful harassment of a coworker is ________
liable for the harassment regardless of whether the employer knew or should have known of the conduct and/or failed to take appropriate corrective action.

personally

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The Department prohibits any discrimination by any departmental
employee. Disciplinary action will be taken against those individuals determined to be in violation of this policy, up to, and including, ____________.

termination

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The term “employee” shall include unpaid interns, volunteers, and persons providing services pursuant to a contract. T/F

True

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Sexual harassment is a form of sex discrimination under Title VII of the federal Civil Rights Act of 1964, California Fair Employment and Housing Act (FEHA), and California Government Code (GC) Sections 12900 - 12996, they apply to employers with _______ or more employees, including state and local governments. Title VII also applies to employment agencies and labor organizations, including the federal government.
a) 20
b) 25
c) 30
d) 15

d)15

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True/False. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when the conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.

True

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Reasonable accommodation applies to all qualified persons with disabilities and includes applicants, as well as ________.

New

Current

Reinstating employees

All of the above

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True or False: Requests for 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.

True

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Commanders are responsible for processing a CHP 163, Reasonable Accommodation Request, upon receipt in accordance with the guidelines outlined in Section 9 of this chapter, and responding within ___________ days from the date the request was submitted in writing to the employee/applicant.

Five

Five working

Ten

Ten working

Ten Working

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Commanders are responsible for consulting with the _____________ before finalizing a negative response to a CHP 163, Reasonable Accommodation Request.

Office of Employee Relations (OER)

Office of Equal Employment Opportunity (OEEO)

Division Commander

Office of the Commissioner

Office of Equal Employment Opportunity (OEEO)

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True or False: A supervisor/manager shall not complete a CHP 163, Reasonable Accommodation Request, on behalf of an employee/applicant.

False: Should an individual not complete, or is not capable of completing a CHP 163, the manager/supervisor may need to complete the
request on behalf of the employee/applicant.

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True of False: In preparing the CHP 43, Purchase Requisition, commanders shall, in the Description section of the form, indicate the item being requested is for the purpose of providing a reasonable accommodation and the name of the employee being accommodated.

False: To ensure confidentiality, the name of the employee being accommodated shall not be provided.

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True or False: As part of the process of providing reasonable accommodation, it may become necessary for the requesting employee or applicant to submit medical information to substantiate and/or clarify the nature and extent of their disability and/or limitation(s).

True: This is particularly true when an individual’s disability/impairment is
not obvious. Only medical information relating to the disability being
accommodated shall be requested.

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How long does an employee/applicant have to respond to a commanders request to provide medical information?

30 calendar days

30 working days

21 calendar days

21 working days

21 calendar days

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True or False: As part of the reasonable accommodation process, Fitness for Duty examinations for incumbent employees may be ordered

True

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If the Department has fully explored reasonable accommodation options and concluded there are no accommodation options which will allow the employee to continue performing the essential duties of their position, the Department must ____________ before considering medical termination/retirement.

Provide counseling to employee/applicant

Fully explore alternative job placement options

Consult with a medical physician

Both A and B

Fully explore alternative job placement options

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Reasonable Accommodations decisions may be appealed, in writing, within ___________ of either the receipt of the denial or exhaustion of the ten working-day period without a response.

5 working days

5 calendar days

10 working days

10 calendar days

5 working days

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The original CHP 163 will be maintained in the employee’s medical file for a period of ____________ from the date of the approved/disapproved request. As the Office of Primary Interest, Office of Equal Employment Opportunity (OEEO) will retain the CHP 163 for ___________.

One year / three years

Two years / five years

Three years / ten years

Five years / the length of employee’s career

Two years / five years

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It is the policy of the California Highway Patrol (CHP) to provide an internal process to resolve complaints alleging discrimination or retaliation in departmental employment practices related to recruitment, selection, appointment, compensation, transfer, training, and other terms and conditions of employment. This process pertains specifically to complaints alleging discrimination on the basis of the following, except:

Race

Color

Religion

National origin

Ancestry

Age

Sex (includes sexual harassment, gender identity)

Physical or mental disability

Political affiliation/opinion

Rank

Marital status

Sexual orientation

Medical condition

Rank

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The __________ is the final level of review for internally-filed discrimination complaints and will render a final decision on appeals.

Office of Equal Employment Opportunity

Commissioner

Division Commander

Commander

Commissioner

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Division Chief’s role is to analyze the facts of the informal discrimination complaint and attempt to resolve the issues _________. Fairly Expeditiously At the lowest level All of the above

All of the above

A trained Equal Employment Opportunity (EEO) investigator is assigned within ______ days of receipt of a formal discrimination complaint. Five calendar Five working Ten calendar Ten working

Five working

It is the Division Chief’s responsibiliy to Review findings of the investigative report, make a proposed determination, and forward the entire investigation within _________ days from the date of receipt from the EEO investigator to the Office of Equal Employment Opportunity (OEEO). five calendar Five working Ten calendar Ten working

Ten working

For both internally-filled and externally-filled discrimination once a final disposition is determined, the allegedly dicriminally employee(s) will be notified through a(n) _______ within five working days. E-Mail Certified Letter Memorandum of Findings (MOF) Memorandum of Direction (MOD)

Memorandum of Findings (MOF)

True or False: It is the role of an Equal Employment Opportunity counselor to investigate and suggest possible remedies to potential complaints.

False

True or False: Employees who serve as employee representatives or alternate employee representatives in personnel actions can also serve as an EEO counselor.

True: at their Division chief’s discretion, but may not dually represent an employee as an EEO counselor and employee representative for the same issue.

True or False: A complainant may discontinue the discrimination complaint at any point in the process.

True: However, the Department will continue its review of the matter to ensure compliance with CHP discrimination policies.

True or False: If a complainant believes they have been discriminated against, they may elect to bypass the Department’s internal discrimination complaint process and may file with an External agency.

True: Federal Equal Employment Opportunity Commission, Federal Department of Labor, California State Department of Fair Employment and Housing, or California Department of Industrial Relations.

Time Frames and Basis for Externally-Filed Discrimination Complaints: Federal Equal Employment Opportunity Commission. Must be filed within _____ days of the last incident or notification of the alleged discriminatory act(s).The covered basis includes race, color, religion, national origin, age, sex (includes sexual harassment), disability, equal pay/compensation, genetic information, pregnancy, and/or retaliation. 90 180 300 365

300

Time Frames and Basis for Externally-Filed Discrimination Complaints: Federal Department of Labor. Must be filed within ____ days of the alleged discrimination, unless the time for filing is extended by the Deputy Assistant Secretary for good cause shown, and 300 days relating to individuals covered under the Rehabilitation and Veterans’ Acts. The covered basis includes disability and veteran status. 90 100 180 250

180

Time Frames and Basis for Externally-Filed Discrimination Complaints: California State Department of Fair Employment and Housing. Must be filed within _____ days of the last incident or notification of alleged discriminatory act(s). In termination cases, the date of harm is the actual date the complainant is discharged, even if the complainant is notified earlier that termination will occur at some later date. Therefore, the complainant has ____ (same as above) days from the date of harm in termination cases to file a complaint with DFEH. The covered basis includes race, color, religion, national origin (including language restrictions), ancestry, age (40 years of age or older), sex (including pregnancy), disability (mental or physical, including human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS), marital status, sexual orientation, medical condition (cancer or genetic characteristics), denial of family and medical care leave, and/or retaliation. 90 180 300 365

365

Time Frames and Basis for Externally-Filed Discrimination Complaints: California Department of Industrial Relations. Must be filed within ____days after the occurrence of the alleged discriminatory and/or retaliatory action. There are two exceptions: complaints alleging retaliation against victims of domestic violence or sexual assault (Labor Code Section 230(c) or 230.1) must be filed within one year of the alleged violation, and complaints of discrimination for being paid less than an employee of the opposite sex doing the same work (Labor Code Section 1197.5), must be filed within two years of the alleged violation. 90 180 300 365

180

True or False: In accordance with CalHR policy, if a question of discrimination arises during a grievance review, the grievance process will run parrell to the discrimination complaint review.

False: if a question of discrimination arises during a grievance review, the grievance process terminate and the issues related to EEO will be referred to the discrimination complaint process.

A(n) _________ is defined as a dispute involving the interpretation, application, or enforcement of the expressed terms of respective bargaining unit (BU) agreement(s). Employee complaint Discrimination complaint Grievance

Grievance

A(n) __________ is defined as a dispute involving the application or interpretation of existing written departmental rule and/or policy. Employee complaint Discrimination complaint Grievance

Employee complaint

A(n) ___________ is defined as an allegation of illegal discrimination of which the primary or partial basis of the complaint or cause is the employee’s or applicant’s race, color, religion, national origin, ancestry, age, sex (includes sexual harassment, gender identity), physical or mental disability, political affiliation/opinion, marital status, sexual orientation, medical condition, and/or retaliation. Employee complaint Discrimination complaint Grievance

Discrimination complaint

Informal Level (Counseling): The complainant has ___ months from the last incident to contact an EEO counselor regarding discrimination-related issues. Employees who believe they have been discriminated against by a CHP employee or by a departmental employment practice and wish to use the internal process shall discuss the problem with an EEO counselor within the complainant’s Division. Five Seven Nine Eleven

Eleven

True or False: Former employees, contractors, and vendors may file an internal complaint.

True: however, these complaints are handled through management inquiry or the citizen’s complaint process and not through the EEO process.

The EEO counselor shall: (a) Inform immediate supervisor that they have received an informal complaint and request the necessary time off from their regular assignments. (b) Listen to the complaint and advise the complainant they are entitled to an informal, confidential meeting with a trained counselor to discuss the complaint, using a reasonable amount of state time. “Reasonable” is generally defined as a maximum of ____ hours. One Two Four Eight

Four

If the complainant has a discrimination issue and does not wish to file a complaint, the counselor shall document the issues, alleged discriminatory employee(s), requested remedy, and statement indicating the employee does not wish to pursue their claim at this time. This shall be documented on a CHP 612B, Written Report of Inquiry, Informal Discrimination Complaint to the appropriate Division chief within _______ days for review and action as necessary. Five working Five calendar Ten working Ten calendar

Five working

If the employee has an issue which clearly does not fall within the discrimination arena, (e.g., they perceive they are being discriminated against because they have a personality conflict with an individual), the counselor shall document the issues. The counselor shall include a statement of the problem, name of employee allegedly causing the problems, and a statement stating the issue did not meet the parameters of an EEO complaint, including where the employee was referred to for possible resolution of the complaint. This should be documented on a __________ to the appropriate Division chief within five working days for review and action as necessary. Memorandum of Findings (MOF) CHP 2 – Incident Report Memorandum CHP 612B – Written Report of Inquiry, Informal Discrimination Complaint

Memorandum

The EEO Counselor shall complete the CHP 612B within ______ days of the initial contact, if the complaint is not resolved to the complainant’s satisfaction. 10 working 10 calendar 20 working 20 calendar

20 working

It is imperative that the ________ signature be obtained on all applicable CHP 612 series documents. Complainant’s Counselor’s Division Chief’s Area Commander’s

Complainant’s

The complainant who is not satisfied with the results of the EEO counselor’s inquiry may file a discrimination complaint with the Division chief within ____ working days from the date of receipt of the EEO counselor’s CHP 612B. Five working Five calendar Ten working Ten calendar

Ten working

At the formal level of Discrimination Reports, Division Chief’s shall submit a Letter of Determination to the complainant and a Memorandum of Findings to the alleged discriminatory employee(s) within ______ days of the final level of approval. 5 working 10 working 15 working 20 working

15 working

A complainant who is not satisfied with the Division chief’s Letter of Determination may file an appeal via a CHP 612A with the appropriate Assistant Commissioner, in care of the OEEO commander within _____ days from the date of receipt of the letter. 5 working 5 calendar 10 working 10 calendar

10 working

Employees who allege discrimination as the motive for an adverse action (AA) or rejections during probation (RDP) must file an appeal directly with ________. The Commissioner The Office of Equal Employment Opportunity (OEEO) State Personnel Board (SPB) Division Commander

State Personnel Board (SPB)

Per Government Code (GC) Section 19575, an employee’s allegations of discrimination in Adverse Actions (AAs) must be submitted to SPB not later than _______ days after service of the Notice of AA. Per GC Sections 19173 and 19175, an employee’s allegations of discrimination in Rejection During Probations must be submitted to SPB within ________ days of the effective date of rejection. 15 working / 30 working 15 calendar / 30 calendar 30 working / 15 working 30 calendar / 15 calendar

30 calendar / 15 calendar

True or False: The key to any EEO investigation is the basis - the determination that the discrimination is the result of an individual’s status as a member of a protected group or participant in a protected activity.

True

In the initial steps of the investigation, the EEO Investigator shall meet with the ________ to develop the work plan and establish timelines for conducting the investigation. Complainant Area Commander Division Chief Office of Equal Employment Opportunity (OEEO)

Division Chief

The chronological summary tells the story of how the investigation was conducted and what was discovered. (2) Entries into the chronological summary should be concise and comprehensive, and easy to understand when reviewing actions taken during the investigation. Entries are to be written in ________. Blue or black ink An Email Third person Times New Roman font

Third person

True or False: If an employee separates from the Department during a discrimination complaint investigation, the investigation shall be completed in its entirety.

True

True/False- Witnesses and the subject(s) of the discrimination complaint investigation shall be listed on a CHP 7, Subject Witness Summary. The CHP 7 shall be listed as an exhibit. In the rare instance a witness requests and/or requires confidentiality, the individual shall be listed as John/Jane Doe and their contact information shall be maintained separately from the investigative report.

true

True/False- During a discrimination complaint investigation, if, at any time, documents or records are determined not to be relevant to the case, they should be identified in the chronological summary and noted where the originals are located. It is necessary to include them in the investigative report for transparency.

False: It is not necessary to include irrelevant documents in the investigation report.

During discrimination complaint investigations, media from recorded interviews and interrogations and all digital files _______ be booked into evidence. The recorded interviews and interrogations _______ be transcribed and the transcription checked for accuracy. Should / Should Should / Shall Shall / Should Shall / Shall

Shall / Shall

Evidence gathered during a discrimination complaint investigation shall be retained for a minimum of ____ years or the life of the investigation file, whichever is longer. Three Five Seven Ten

Five

True or False: Through the discrimination complaint investigation process, if, during any interview, evidence relating to possible misconduct is discovered which could result in an adverse action against the person being interviewed, the investigators shall note the violations and notify the appropriate Division chief upon completing the interview.

False: The interview shall be immediately terminated to ensure there is not a violation of the employee’s POBR rights. The appropriate Division chief shall be notified immediately.

During discrimination complaint investigations, interviews with witnesses who were identified and did not have pertinent information to contribute to the complaint shall be ___________. Summarized only Omitted from the report Included for transparency

Summarized only

The ________ should be the first person interviewed in an EEO investigation. Allegedly discriminatory employee(s) Complainant Key witness Area commander

Complainant

If the allegedly discriminatory employee(s) were exonerated in the allegations, the Memorandum of Findings shall be filed in the _________. Complainant’s personnel file Exonerated allegedly discriminatory employee(s) personnel file EEO investigation file All of the above

EEO investigation file

If the allegedly discriminatory employee(s) actions were sustained, the Memorandum of Findings shall be filed in the employee’s personnel field folder for _____ years and the EEO investigation file. Three years Five years Seven years Ten years

Three years

Any retaliation against complainants, their representatives, respondents, and Equal Employment Opportunity (EEO) Program officials, witnesses, or other departmental employees/applicants regarding their participation or involvement in any stage of the complaint process, including the counseling stage, will constitute a violation of departmental policy and law, and may result in ___________. Immediate termination Negative 100 form comment Adverse action Discriminatory civil lawsuit

Adverse action

In accordance with the United States Equal Employment Opportunity Commission (EEOC), there are three elements of retaliation. Which of these is not an element of retaliation: Adverse action Clear intent Covered Individual Protected activity

Clear intent

True or False: In order to file a retaliation complaint, the employee/applicant must have filed a discrimination complaint through the Department.

False: The employee/applicant has the right to file a complaint alleging retaliation directly with EEOC, or Department of Fair Employment and Housing without first filing through the internal discrimination complaint process, if the complainant does not want to file their retaliation complaint with the Department.

To that end, the Department, in conjunction with the ___________, has developed and instituted a curriculum of instruction which encompasses cultural awareness. (a) Commissioners Office (b) Civil Rights Commission (c) Museum of Tolerance (HPM 10.12 9-3) (d) BLM (Black Lives Matter)

It is the policy of the CHP to treat employees and the public we serve with ________ and fairness and to ensure our practices are ethical and equitable. (a) honor (b) value (c) respect (d) sternness

True or False: Cultural diversity is the representation or existence of individuals with distinctly different group affiliations within one organization, community, state, nation, or social system.

True

Employees will complete an online training refresher course every _________ calendar year. Online training includes components of the cultural diversity, racial profiling, hate crimes, and ethics curriculum. (a) Even-numbered (b) Odd-numbered (HPM 10.12 9-5) (c) other

(b) Odd-numbered (HPM 10.12 9-5)

Instructors will be selected by ___________ based upon their training and experience, particularly in the area of EEO, cultural diversity, racial profiling, hate crimes, ethics, and experience as an instructor. a) Division commanders (HPM 10.12 9-6) b) Commissioner c) Area Captains d) The Lord

a) Division commanders (HPM 10.12 9-6)

Bilingual positions are filled when the number of LEP (limited English proficiency) persons, in any given language, comprises ___ percent or more of the public contacts experienced by any local office of a state agency. a) 3 percent b) 10 percent c) 15 percent d) 5 percent

d) 5 percent

True or False: The purpose of the Bilingual Services Program Policy is to reinforce the California Highway Patrol’s commitment to comply with the Dymally-Alatorre Bilingual Services Act (ACT) and provide public contact employees with bilingual resources to better serve the non-or limited English proficiency (LEP) public.

True

The CHP will adhere to the ACT by submitting an Implementation Plan to CalHR, conducting a language survey every _____years, and provide timely follow-up reports to CalHR in the effort to mitigate the deficiencies reported during the prior survey cycle. (a) one (b) two (c) three (d) four

Two

All contacts with the members of the public who demonstrate a language barrier _____ be offered an opportunity to request interpretation assistance. (a) shall (b) should (c) may (d) must

must

In accordance with the state of California retention schedule and STD 73, Records Retention Schedule, language survey forms and related materials shall be retained for a total of ___ months by the Department. s. a) 24 months b) 36 months c) 48 months

36 months

True or False: It is the policy of the California Highway Patrol (CHP) to adhere to state laws and regulations regarding upward mobility. The CHP is committed to the Upward Mobility Program, including supporting its employees’ efforts in to compete for better paying jobs within the Department.

True

The success of the Upward Mobility Program depends upon acceptance of responsibility and active participation at all levels. Here are a couple of the supervisor’s responsibilities: Refer to HPM 10.12 11-8 for further. 1) Apprise new employees of the availability of the Upward Mobility Program. 2) Encourage eligible employees to investigate opportunities for upward mobility through promotion or transfer. 3) Ensure employees are informed of all upward mobility opportunities. 4) Review the participating employee’s CHP 50B as part of the annual performance evaluation to ensure compliance with program eligibility and continuation.

Upward Mobility Program Plan Submission/Aprroval: The supervisor Shall review and discuss the _______ with the employee and shall indicate their approval or disapproval of the plan before submitting for commander’s review. (a) CHP 421 (b) CHP 113(a) (C) CHP 50(b) (d) CHP 83

CHP 50(b)

A CHP 50B terminated for any reason shall be forwarded through the appropriate Division to OEEO within _________days of termination. (a) 10 calendar days (b) 15 calendar days (c) 20 calendar days (e) 30 calendar days

30 calendar days

True or False: It is the policy of the California Highway Patrol (CHP) to provide equal employment opportunity to all job applicants and employees. The office of Equal Employment Opportunity (OEEO) shall be the Office of Primary Interest (OPI) for the EEO Program and is responsible for coordinating the annual Workforce Analysis Report and monitoring the hiring of advertised nonuniformed positions.

True