HPM 10.12 Equal Employment Opportunity

Question 1

The California Highway Patrol (CHP) has implemented an Equal Employment Opportunity (EEO) Program to ensure equal opportunity for applicants and employees at all levels in testing, hiring, training, promotion, and other benefits and privileges extended through employment. This is accomplished in compliance with what two Acts?

Answer 1

-Title VII of the Civil Rights Act of 1964
-the California Fair Employment and Housing Act
-(and other related state and federal civil rights laws.)

Question 2

What are the protected classes?

Answer 2

Age (40 and over) ancestry; color; disability (mental and physical) including human immunodeficiency virus and acquired immune deficiency syndrome; gender, gender identity, and gender expression; genetic information; marital status; medical condition (cancer and genetic characteristics); military and veteran status; national origin (including language use restrictions); political affiliation; race; religion (including religious dress and grooming practices); retaliation, sex; and/or sexual orientation.

Question 3

All efforts to provide equal opportunity in employment practices will be made on what basis?

Answer 3

Merit, efficiency, and fitness consistent with state civil service and merit system principles.

Question 4

Managers and supervisors are responsible for maintaining what?

Answer 4

A work environment free of discrimination and harassment and for providing reasonable accommodation to qualified employees with disabilities to assist them with performing the essential functions of their positions.

Question 5

All managers and supervisors are responsible and accountable to ______ for ______?

Answer 5

-The appropriate Division chief
-Personnel practices consistent with the Department’s EEO Program.

Question 6

Managers and supervisors ____ be familiar with EEO policies and ____ assure the dissemination of EEO Program information to all employees within their command.

Answer 6

shall
shall

Question 7

It is the responsibility of all managers and supervisors to ____, ____, and ____ the Department’s EEO policy, and to assure ____, ____, _____, and ____ of personnel is conducted consistent with policy.

Answer 7

support, implement, and facilitate
hiring, promotion, assignment, and training

Question 8

Harassment is defined as______?

Answer 8

pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected group.

Question 9

Harassment reaches the level of illegality when ____?

Answer 9

the conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to be considered hostile, intimidating, or abusive; as measured by the reasonable person standard.

Question 10

To be unlawful, the conduct must create a work environment which would be ___, ___, or ___?

Answer 10

intimidating, hostile, or offensive to a reasonable person.

Question 11

Petty slights, annoyances, and isolated incidents, unless extremely serious, ____ rise to the level of harassment.

Answer 11

will not

Question 12

The Department fully conforms to ____, ____, ____, ____ as well as other related state and federal civil rights laws.

Answer 12

Title VII of the Civil Rights Act of 1964,
the California Fair Employment and Housing Act,
the Age Discrimination in Employment Act of 1967 (ADEA),
the Americans with Disabilities Act of 1990,

Question 13

Sexual harassment includes ____, _____, and _____when the conduct explicitly or implicitly affects an ____, ____, or ____, ____, or ____ work environment.

Answer 13

unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature

individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive

Question 14

What are the two types of sexual harassment?

Answer 14

Quid pro quo
Hostile work environment

Question 15

Both victim and harasser can be the same sex?

Answer 15

True

Question 16

Quid pro quo harassment occurs when, ____?

Answer 16

“submission to or rejection of (unwelcome sexual) conduct by an individual is used as the basis for employment decisions affecting that individual,” per EEOC guidelines.

Question 17

A hostile work environment claim occurs when ____?

Answer 17

unwelcome sexual conduct unreasonably interferes with an individual’s job performance or creates an intimidating, hostile, or offensive working environment, even if it does not lead to tangible or economic consequences.
NOTE: Hostile work environment may also occur on the basis of other protected groups (e.g., race, disability, national origin).

Question 18

If the manager or supervisor knows or should have known of such acts, and fails to take timely and appropriate action the Department ____?

Answer 18

may be held liable for the inactions of that manager/supervisor.

Question 19

What are the four roles and responsibilities of Managers and Supervisors?

Answer 19

(1) Take immediate action when potential issues are observed or brought to their attention.

(2) Ensure incidents of sexual harassment, when observed by or brought to the attention of supervisory personnel, shall be given serious attention, and ensure timely and appropriate corrective action is taken to remedy the situation.

(3) Assure a favorable working atmosphere free from sexual harassment and other discriminatory practices for all employees.

(4) Maintain a businesslike working environment and assure fair, courteous treatment for our employees and the public we serve.

Question 20

Sexual Harassment training for Supervisors and Managers shall occur within _____ _____ of their promotion and every ____ ____ thereafter.

Answer 20

six months
two years

Question 21

Although an individual’s inappropriate conduct may not have yet risen to the level of being severe enough to have created a hostile work environment, it is still ____?

Answer 21

inappropriate.

Question 22

Seemingly isolated, inappropriate acts of an offensive nature may be only a ______?

Answer 22

precursor to future discriminatory conduct or possibly a symptom of an already hostile environment.

Question 23

The EEOC states, “a single, unusually severe incident of harassment may be sufficient to constitute a Title VII violation; the more severe the harassment, the less need to show a repetitive series of incidents. This is particularly true when ______?”

Answer 23

the harassment is physical.

Question 24

In order for conduct to be determined to have created an intimidating, hostile, or offensive work environment based on sexual harassment, the following three criteria must exist:

Answer 24

(1) The behavior in question must be of a sexual nature.
(2) The behavior must be unwelcome.
(3) The behavior must be severe or pervasive enough to create a hostile, intimidating, or offensive work environment.

Question 25

Sexual conduct only becomes unlawful when it is ____. Victims are well-advised to assert their right to a workplace free from sexual harassment. However, while a complaint or protest is helpful to a charging party’s case, ______.

Answer 25

unwelcome

it is not a necessary element of the claim

Question 26

) Although the victim does not necessarily have to confront the harasser, the victim must _____?

Answer 26

demonstrate in some manner the behavior was unwelcome.

For example, the complainant privately complains to co-workers, displays uneasiness around the alleged harasser, is visibly upset after encounters with the harasser, or does not participate in the harassing behavior.

Question 27

Conduct which does not constitute sexual harassment but is inappropriate for the workplace may be _____? Likewise, an employee may be charged with “inexcusable neglect of duty” for failure _____?

Answer 27

censured pursuant to GC Section 19572 (m), which states an employee may be disciplined for, among other reasons, “discourteous treatment of the public or other employees.”

to comply with Department policy on this matter

Question 28

There is a greater responsibility for expressing unwelcomeness in cases where the employee first willingly participates in conduct of a sexual nature, but then ceases this participation and claims any continued sexual conduct has created a hostile environment.

Answer 28

Prior Willing Participation.

Question 29

Incidents of sexual harassment can lead to_____?

Answer 29

Disciplinary sanctions, workers compensation claims, reinstatement cost and back pay, civil liability and compensatory damage awards, and discredit to the Department.

Question 30

Supervisors and managers shall have employees initial and sign ____, during the employee’s annual review or after any training on these policies.

Answer 30

a CHP 237A, Sexual Harassment Prevention and Discrimination Policy Admonition

Question 31

supervisors and managers are required to_____, to enable employees with disabilities to return to work.

This effort may include, but is not limited to?

Answer 31

make every effort, including the provision of reasonable accommodation

job reinstatement, training and development assignment, transfer, or demotion to a position which the employee can perform successfully.

Question 32

For the purposes of participation in the Department’s Persons with Disabilities Program, as well as entitlement to reasonable accommodation, a person with a disability is someone who?

Answer 32

Has a physical or mental impairment which limits one or more of that person’s major life activities.

Question 33

Physical or mental impairment encompasses, but is not limited to, any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, sense organs, respiratory, speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic, lymphatic, skin, and endocrine; or any mental or psychological disorder, such as mental retardation, emotional or mental illness, and specific learning disabilities

Answer 33

True

Question 34

A physical or mental impairment ____ constitute a disability unless it results in a limitation of one or more major life activities. Impairments which do not affect major life activities ____ under federal and state laws.

Answer 34

does not

do not qualify the individual as having a disability

Question 35

The California Fair Employment and Housing Act (FEHA) and federal ADA (as amended) define disability as ___?

Answer 35

an actual or perceived physical or mental impairment which is disabling, potentially disabling, or perceived as disabling. The FEHA’s definition of disability requires a “limitation” upon a major life activity.

Question 36

Limits regarding disabilities means ____?

Answer 36

a person has difficulty in achieving a major life activity as a result of a physical or mental condition.

Question 37

Major Life Activity?

Answer 37

caring for oneself, performing essential tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Question 38

The basic question is whether an impairment limits one or more major life activities. This question is answered by looking at the ___, ___, and ___?

Answer 38

extent, duration, and impact of the impairment.

Question 39

Temporary, non-chronic impairments which do not last for a long time and have little or no long-term impact usually _____ disabilities.

Answer 39

are not

Question 40

Broken limbs, sprains, concussions, appendicitis, common colds, or influenza generally are examples of?

Answer 40

Conditions that would not be disabilities

Question 41

An individual who is currently engaging in illegal use of drugs is / is not an “individual with a disability” when the employer acts on the basis of this illegal use?

Answer 41

Is NOT

Question 42

The Department may / may not discriminate against a drug addict who is not currently using drugs and has been rehabilitated?
Discrimination is illegal when?

Answer 42

may NOT

actions are based on a history of drug addiction.

Question 43

True or False:
A person who is an alcoholic is an individual with a disability under the law.

Answer 43

True
However, the Department may discipline, terminate, or deny employment to an alcoholic whose use of alcohol impairs job performance or conduct no longer qualifies them as a person with a disability.

Question 44

Current Illegal use of drugs-

Answer 44

Current means the illegal use of drugs occurred recently enough to justify an employer’s reasonable belief that involvement with drugs is an ongoing problem. It is not limited to the day of use, or recent weeks or days, in terms of an employment action. It is determined on a case-by-case basis.

Question 45

True or False:
An applicant or employee who tests positive for an illegal drug can immediately enter a drug rehabilitation program and seek to avoid the possibility of discipline or termination by claiming they are in rehabilitation and are no longer using drugs illegally.

Answer 45

False
CANNOT

Question 46

Can an employer take disciplinary action on the basis of poor job performance and conduct on an individual who has alcoholism is often late to work or is unable to perform the responsibilities of their job

Answer 46

Yes
However, an employer may not discipline an alcoholic employee more severely than other employees for the same performance or conduct issues.

Question 47

Who is Entitled to Reasonable Accommodation?

Answer 47

A qualified individual who meets the definition of a person with a disability; someone who has a physical or mental impairment which limits one or more major life activities, and who possesses the requisite job requirements, is entitled to reasonable accommodation.

Question 48

What is a CHP 163 and how many days do you have to respond?

Answer 48

CHP 163, Reasonable Accommodation Request

10 working days from the date the request was submitted in writing.

Question 49

The five things supervisors must do when responding to requests for reasonable accommodations?

Answer 49

(1) Gather all applicable documentation
(2) Communicate with employees and emphasize the Department’s need to evaluate medical substantiation
(3) Maintain appropriate records in separate files
(4) Maintain confidentiality of individual requests and responses
(5) Ensure all requests for reasonable accommodations are in writing

Question 50

What are the five basic types of reasonable accommodation requests to which the Department must respond?

Answer 50

1) Requests for accommodation in the civil service examination process,
including the job interview stage, which allow a candidate with a disability to
compete with nondisabled candidates as equally as possible;
(2) Requests for accommodation to allow a person with a disability to perform
the essential duties of the job to which they were newly hired or transferred;
(3) Requests for accommodation to allow an employee with a disability to
continue to perform the duties of their current position;
(4) Requests for accommodation to allow an employee with a disability to
participate in training activities available to nondisabled employees for job
improvement and self-development; and,
(5) Requests for accommodation to allow an employee with a disability to
have equal access to services and privileges afforded to nondisabled
employees.

Question 51

Time Frame and Basis for Externally-Filed Discrimination Complaints with the Federal Equal Employment Opportunity Commission?

Answer 51

Must be filed within 300 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.

Question 52

Time Frame and Basis for Externally-Filed Discrimination Complaints with the Federal Department of Labor?

Answer 52

Must be filed within 180 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.

Question 53

Time Frame and Basis for Externally-Filed Discrimination Complaints with the California State Department of Fair Employment and Housing?

Answer 53

Must be filed within 365 days of the last incident or notification of alleged discriminatory act(s).

Question 54

Time Frame and Basis for Externally-Filed Discrimination Complaints with the California Department of Industrial Relations?

Answer 54

Must be filed within 180 days after the occurrence of the alleged discriminatory and/0r 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.

Question 55

Can an employee use both the Grievance/ Complaint process and the Discrimination Complaint process?

Answer 55

“The employee shall be allowed to use either the grievance procedure or discrimination complaint procedure. The employee shall not use both procedures for the same complaint.”

Question 56

True or False:
The trained EEO investigator is normally assigned from within the same Division the complaint was filed. However, extenuating circumstances may cause the Department to assign an investigator from another Division to conduct the investigation.

Answer 56

True

Question 57

If any employee believes they have been discriminated against and brings it to the attention of a supervisor and/or manager but does not wish to file a discrimination complaint, the supervisor/manager shall notify who?

Answer 57

the affected commander

Question 57

The EEO counselor ____ be within the same Division as the complainant.

Answer 57

shall

Question 58

To establish a prima facie case of retaliation, an employee must show:

Answer 58

(1) Employee engaged in a protected activity;
(2) The employer subjected employee to an “adverse action;” and,
(3) A causal link exists between the protected activity and the adverse action.

Question 59

All employees of the CHP are required to participate in online Cultural Awareness training ____?.
Further, all employees will attend classroom training every ______ within their command, unless otherwise approved by their supervisors.

Answer 59

biennially, every odd-numbered calendar year

even-numbered calendar year