HPM 10.12 Flashcards
A sustained discrimination complaint based on gender identity may involve two employees who apply for a public information officer (PIO) position. One applicant is a male, who is better qualified, with what may be perceived as feminine characteristics, and the other applicant is a
male with what may be perceived as masculine characteristics. The applicant chosen for the PIO position is the second applicant, with the rationale that he would be a better physical and visual representation of the Department when dealing with the media, rather than being selected on his qualifications.
Example of sustained discrimination complaint for Gender Identity
It is the Department’s obligation to protect the rights of employees and resolve issues at the lowest possible level. Employees who feel they are victims of discrimination should seek ______ _____ and counseling from an equal employment opportunity counselor or appropriate supervisory and/or management personnel. If the above-mentioned approach does not produce effective results,
employees may file a ______ __________ ________.
informal assistance, formal discrimination complaint
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. Both victim and harasser can be either a woman or man and the victim and
harasser can be the ____ _____.
same sex
Immediate and appropriate disciplinary action will be taken against those individuals determined to be in violation of this policy, up to, and including, _______.
termination
Courts have recognized two types of sexual
harassment under federal and state law. These include ____ ____ ____ and ____ ____ ____.
quid pro quo, hostile work environment
The Supreme Court has stated for sexual harassment to violate Title VII, it must be “_____ ______ or pervasive” to alter the conditions of [the victim’s] employment and create an abusive working
environment.”
sufficiently severe
If the manager or supervisor knows or should have known of such acts, and fails to take timely and appropriate action the Department may be held liable for the inactions of that manager/supervisor. Employers will usually be deemed to have known if, upon reasonable, diligent inquiry, 1) its managers or supervisors could have
discovered the problem, or 2) where the harassment is openly practiced in the workplace and is well known among employees. This may often be the case
where there is _____ ______ _____ ______ or victim.
more than one harasser
An individual who is currently engaging in illegal use of drugs is not an “____ ____ __ _____” when the employer acts on the basis of this illegal use.
individual with a disability
The Department may prohibit illegal use of drugs and use of alcohol at the workplace. It is not a violation of the law for the Department to give ____ for illegal use of drugs.
The Department may discharge or deny employment to persons who currently engage in illegal use of drugs and alcohol. Additionally, employees who use prescribed drugs or use alcohol shall be required to meet the same
standards of performance and conduct which are set for other employees.
tests
The Department may not discriminate against a ____ ____ who is not currently using drugs and has been rehabilitated. Discrimination is illegal when actions are based on a history of drug addiction.
drug addict
While a current drug user has no protection under the ADA or FEHA if the employer acts on the basis of such use, a person who currently ___ _____ is not automatically denied protection simply because of the
alcohol use. An alcoholic is a person with a disability under the law and may be entitled to consideration of accommodation, if they are qualified to perform the
essential functions of a job.
uses alcohol
The Department’s internal discrimination complaint process is designed to provide a uniform method for departmental employees and applicants to bring
forward complaints which allege discrimination or retaliation. The complaint process shall ensure each complaint receives ____ and ____ consideration in order to bring about a satisfactory resolution at the lowest possible level.
prompt, impartial
The departmental internal discrimination complaint process is available to departmental employees,
including cadets, and contains two distinct levels: The ____ _____ (EEO counselors) and the ____ ___ (EEO investigators)
informal level, formal level
The commander’s responsibilities in regards to EEO are:
(a) Post the names and phone numbers of EEO counselors at each work location.
(b) Provide full support to the EEO counselor program and attempt informal resolution if the EEO counselor is unable to resolve the issue(s).
(c) Ensure a suitable, private location is provided for the complainant to discuss complaints with other involved parties.
(d) Attempt to resolve informal complaints fairly and expeditiously by acknowledging receipt of the CHP 612C and taking appropriate action if required.
(e) Caution the allegedly discriminatory employee(s) and complainant(s) that retaliation against anyone involved in the investigative process (complaining party, witnesses, investigators, etc.) is prohibited and may result in adverse action.
Upon completion of an EEO investigation, the Division chief ____ forward the entire investigation including the Memorandum of Findings and Letter of Determination to OEEO for review and approval before issuing the appropriate documentation to the complainant(s) and alleged discriminatory employee(s).
shall
For internally-filed complaints, once a final disposition is determined from the appropriate ____ ______ , notify the complainant through a Letter of Determination and the allegedly discriminatory employee(s) through a Memorandum of Findings of the Department’s
determination within five working days of the final level of approval.
Assistant Commissioner
On externally-filed complaints, once a final disposition is determined by the external compliance agency, the appropriate Assistant Commissioner will notify the Division chief, who will subsequently notify
the allegedly discriminatory employee(s) through a Memorandum of Findings within ____ working days. Provide the employee’(s’) commander(s) with a copy of the Letter of Determination and/or Memorandum of Findings as appropriate.
five
The EEO counselor is an independent, accessible, and objective link between employees and management who is responsible for the intake and potential resolution of informal discrimination complaints. An EEO counselor
may provide information or assistance in defining a problem, or as appropriate, attempt to resolve the issue(s) by working informally with the parties involved. The EEO counselor’s role is to establish and provide an open ____ ___ ____ through which employees may raise questions, discuss concerns, receive answers, and obtain informal resolutions.
channel of communication
All EEO counselors serve at the discretion of the Division chief and are selected by, and are functionally responsible to, the appropriate ____ ____ when performing counseling duties.
Division chief
All EEO counselors shall make at least two, ___ minute, informal presentations annually at training forums within their respective Division, which are designed to provide an overview of the EEO counselor program, discuss
the functions of EEO counselors, and raise awareness of EEO topics in general, such as reasonable accommodation, sexual harassment, and age
discrimination.
20
After each presentation, EEO counselors will inform their Division by ______, and provide a copy to OEEO, of the
date, the number of people in attendance, location, and event
memorandum
All EEO counselors shall attend recertification training at least once every ___ months.
24
The internal discrimination complaint process is not
intended to prohibit employees from filing a complaint with ____ or ____ compliance agencies, or from filing an action with an appropriate court.
federal, state
Federal Equal Employment Opportunity Commission. Must be filed within ___ days of the last incident or notification of the alleged discriminatory act(s).California State Department of Fair Employment and Housing. Must be filed within ___ days of the last incident or notification of alleged discriminatory act(s) California Department of Industrial Relations. Must be filed within ____ days after the occurrence of the alleged discriminatory and/or retaliatory
action.
300, 365, 180
