HPM 10.12 - EEO / AFFIRMATIVE ACTION Flashcards
It is the policy of the CHP to provide equal employment opportunities for all persons without regard to age (____ and over); ancestry; color; disability gender, gender identity, and gender expression; genetic info; marital status; medical condition; military and veteran status; national origin; political affiliation; race; religion (including religious dress and grooming practices);
retaliation, sex; and/or sexual orientation
40 and over
Who is responsible for maintaining a work environment free of discrimination and harassment and for providing reasonable accommodation to qualified employees with disabilities
Managers and supervisors
Who is responsible to maintain an environment that supports the Departments’ EEO policies?
ALL EMPLOYEES
What is defined as pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected group?
Harassment
Harassment reaches the level of illegality when the conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to be considered ___________, ______________ or ____________
Hostile, intimidating or abusive
*As measured by the reasonable person standard
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
Age discrimination applies to persons ___ years of age and over
40 and over
_________________ is defined as unsolicited and unwelcome sexual advances, requests for sexual favors, and other verbal, physical or visual conduct of a sexual nature
Sexual harassment
Two types of sexual harassment
Quid pro quo
Hostile work environment
___________ occurs when “submission to or rejection of (unwelcome sexual) conduct by an individual is used as the basis for employment decisions affecting that individual,”
Quid pro quo harassment
___________ occurs when unwelcome sexual conduct unreasonably interferes with an individual’s job performance or creates an intimidating, hostile or offenseive work environment
A hostile work environment
Are victims of sexual harassment required to inform the individual that their behavior is unwelcome, offensive, in poor taste or highly inappropriate?
No - not required.
But victims are encouraged to do so
Supervisors (including managers) shall receive sexual harassment prevention training within ____ months of their promotion and every _____ years thereafter.
Within 6 months
Every 2 years after that
3 criteria that must exist for conduct to reach level of a hostile work environment
- Behavior must be of a sexual nature.
- Behavior must be unwelcome.
- Behavior must be severe or purvasive enough to create a hostile, intimidating or offensive work environment
Supervisors and managers shall have employees initial and sign a _______ (Sexual Harassment Prevention & Discrimination Policy Admonition) form during their annual review.
CHP 237A
Managers and supervisors are required to attend ____ hours of initial sexual harassment prevention training upon promotion and a refresher training every ____ years
2 hours initial training
Every 2 years
A physical or mental impairment does not constitute a disability unless it results in a limitation of one or more major _____________
life activities
Is an illegal drug user considered disabled?
NO
Is a person who is an alcoholic a person with a disability under the law?
Yes.
However, Dept may discipline, terminate, or deny employment to an alcoholic whose use of alcohol impairs job performance (late for work, unable to perform)
BUT SHALL NOT discipline more harshly than other similar late/poor performing employees
Employees may make a reasonable accommodation request, which is what form?
CHP 163
The CHP 163 (Request for Reasonable Accommodation) will be maintained in the employee’s medical file for a period of ______ years
Keep CHP 163 for 2 years
The Department has an __________ and __________ complaint process
Internal and External
Whose role is to establish and provide an open channel of communication through which employees may raise questions, discuss concerns, receive answers and obtain informal resolutions
The EEO counselor
Federal Equal Employment Opportunity Commission (EEOC) - must be filed within ______ days of last incident or notification of the alleged discriminatory act
Within 300 days
Federal Department of Labor - Must be filed within _____ days of the alleged discrimination
Within 180 to 300 days of incident
Department of Fair Employment and Housing (DFEH) - Must be filed within _____ days
Within 365 days of incident
California Department of Industrial Relations - Must be filed within ______ days
Within 180 days after incident
The CHP’s internal discrimination complaint process is available to all employees, including cadets, and contains TWO levels:
1.
2.
- Informal Level (EEO Counselors)
- Formal Level (EEO Investigators)
INFORMAL LEVEL
Complainant has ____ months to contact an EEO counselor
11 months.
Shall discuss with counselor
Supervisor provides up to ____ hours of state time for counseling
4 hours
When a formal complaint is filed, the complainant must understand that ____________ provisions do not appliy because these are allegations against the Department
Anonymity
If complaint is resolved, complete a CHP 612B (Written Report of Inquiry, Informal Discrimination Complaint) and sent to Division Chief within ______ working days
5 working days
Seek a solution to the matter on an informal basis. If the complaint has been RESOLVED to the complainant’s satisfaction, complete a CHP __________ within ________ working days from date of agreement. Original sent to Division Chief
CHP 612 B
Within 5 working days
In UNRESOLVED, complete the CHP _______ within ________ working days.
CHP 612B
Within 20 working days
A 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
Within 10 working days of completion of CHP 612B
A complainant (chp employee, former chp employee, applicant) who believes they have been discriminated against by an employee of the Department may file a complaint with the _________ or _________ compliance agency.
State or federal.
They then notify the CHP that a charge has been filed.
Does a Complainant have the right to file CONCURRENT complaints with EEOC and DFEH?
Yes
Retention for Discrimination Complaint - COPIES of the CHP 612, CHP 612A, CHP 612B and CHP 612C shall be retained by Divisions for a period of ______ years
2 years
ORIGINALS of the CHP 612, 612A, 612B and 612C shall be retained by OEEO for a period of ______ years
5 years
___________ is one of two types of sexual harassment. This one affects the employee’s ability to work
Hostile work environment
3 criteria for behavior to be considered sexual harassment?
- Of sexual nature
- Unwelcome, unwanted, unsolicited
- Severe enough to create a hostile/intimidating work environment
Who has to complete the language survey forms?
How often?
All employees in public contact positions
Every 2 years
What is the foundation of cultural awareness training in the CHP?
Our organizational values
FREE
A hate crime is a criminal act committed, in whole or in part, because one or more of the following actual or perceived characteristics of the victim:
- Disability
- Gender
- Nationality
- Race / Ethnicity
- Religion
- Sexual orientation
- association with a person or group with one or more of these characteristics
What is the practice of detaining a suspect based on a broad set of criteria which casts suspicion on an entire class of people without any individualized suspicion on the particular person being stopped?
Racial profiling
What is the representation or existence of individuals with distinctly different group affiliations within one organization, community, state, nation or social system?
Cultural Diversity
(disabilities, genders, religions, nationalities, sexual orientations)
Classroom training on Cultural Diversity, Racial Profiling, Hate Crimes and Ethics is 8 hours every ___ years
2 years
(even numbered years)
Online training on Cultural diversity, racial profiling, hate crimes and ethics is how often?
Every other year
(odd numbered years)
The key to any EEO investigation is the ________
the basis - which is the determination that the discrimination is the result of an individuals status as a member of a protected group / or participant in a protected activity
- What type of discrimination is it? (sexual harassment?)
- What protected group is it associated with? (sex orientation?)
Are employees required to use the Dept’s internal complaint process?
No
INFORMAL complaint is handled by a _______________
EEO counselor
FORMAL complaint is handled by a _______________
EEO investigator
The Dept’s INTERNAL complaint process consists of what two levels?
Informal and Formal level
(Informal handled by counselor)
(Formal handled by investigator)
Entries into the investigation’s chronological summary are to be written in ________ person
Third person
If an employee separates from the Dept during an investigation, what happens to investigation?
It shall be completed in its entirety and processed
The key to a successful interview is to remain ____________
objective
If during an interview, evidence relating to possible misconduct is discovered which could result in an AA against the person being interviewed, what should happen?
Interview shall be stopped immediately to make sure POBR is not violated. Notify Division Chief
Who should be the last person interviewed?
The allegedly discriminatory employee
All statements of involved employees who are interviewed during an EEO investigation shall be ____________
recorded
Prior approval to record a statement is NOT required
Statements obtained from NON-departmental witnesses shall be recorded unless ______________________
the witness objects to the recording
Who should be the first person interviewed in an EEO investigation?
The complainant
At the conclusions of all interviews, admonish the employees using the ______________ admonishment and ___________ admonishment.
Retaliation and Confidentiality admonishment
Is hearsay considered evidence?
No
If the employees actions were sustained, the MOF (memorandum of findings) shall be filed in the employee’s personnel field folder for _____ years
3 years
Discrimination complaints are based on :
race, color, religion, sex, age, etc
The designated STATE agencies for discrimination complaints include the ______________ and the ______________
Department of Fair Employment and Housing (DFEH)
Department of Industrial Relations (DIR)
The designated FEDERAL agencies for discrimination complaints include the ________________ and the _____________
Equal Employment Opportunity Commission (EEOC)
Department of Labor
Informal Complaint
CHP form - Written Report of Inquiry Informal Discrimination Complaint
CHP 612B
Formal Complaint - a EEO investigator should be assigned to the complaint within ___ days
5 working days
EEO Investigator - file the investigation within ___ working days of its completion
10 working days
Going from informal to formal complaint – employee must file the formal complaint ____ days after receipt of the 612B form from the EEO counselor
10 days
If complainant wants to bypass the Department’s internal discrimination complaint process, they may file with
- Federal Equal Employment Opportunity Commission within ___ days
- Federal Department of Labor within ____ days
- Cal State Dept of Fair Employment & Housing within ____ days
- Cal Dept of Industrial Relations within ___ days
FEEOC within 300 days
Federal Dept of Labor within 180 days
Cal State Dept of Fair Employment within 365 days
Cal Dept of Industrial Relations within 180 days
Informal Complaint (Counseling)
The complainant has ____ months from last incident to contact an EEO counselor
11 months
While trying to resolve the complaint at the lowest level possible, the COUNSELOR shall not conduct an investigation or review __________ or gather any information normally obtained through the investigative process
Personnel files
If complaint has been RESOLVED to the complainant’s satisfaction, complete a CHP 612B within ____ working days from the date the agreement was reached
5 days
If complaint is NOT RESOLVED to complainants satisfaction, complete the CHP 612B within ___ working days of initial contact
20 working days
It’s imperative that the complainant’s ____________ be obtained on all applicable CHP 612 series
signature
If you’re not happy with the results of the EEO counselor’s inquiry, you may file a discrimination complaint with Division chief within ____ days of receipt of the EEO counselors’ CHP 612B
within 10 days
Formal complaint - Letter of determination will be sent to complainant within ___ days of final level of approval
15 days
Follow up
Schedule and conduct a ____-month and a ___-month follow up with the complainant
2 month and 6 month
For formal complaints - if you’re not happy with Division chiefs letter of determination, you have ____ days to appeal via a CHP _______
10 days to appeal
use a CHP 612A
Employees who allege discrimination as the motive for an AA or rejections during probation (RDP) must file an appeal DIRECTLY TO _____________
SPB
State Personnel Board
Retention Schedule
Copies of all the CHP 612 forms shall be retained by Division for ____ years from the initial complaint
Originals of all the CHP 612 forms shall be retained by OEEO for _____ years from the initial complaint
copies for 2 years
originals for 5 years
CHP form for Reasonable Accommodation Request
CHP 163
