Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

2024-2025 SSG 69 > HPM 10.12 Equal Employment Opportunity > Flashcards

HPM 10.12 Equal Employment Opportunity Flashcards

1
Q

The California Highway Patrol (CHP) has implemented an ____ 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. (HPM 10.12, 1-3)

A

Equal Employment Opportunity (EEO)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Managers and supervisors are responsible for maintaining a work environment free of discrimination and harassment and for providing ____ to qualified employees with disabilities to assist them with performing the essential functions of their positions. Failure to act in accordance with the EEO Program responsibilities is a violation of this policy and may result in disciplinary action. (HPM 10.12, 1-3)

A

reasonable accommodation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

All managers and supervisors are responsible and accountable to the appropriate ____ for personnel practices consistent with the Department’s EEO Program. (HPM 10.12, 1-3)

A

Division Chief

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Managers and supervisors ____be familiar with EEO policies and ____ ensure the dissemination of EEO Program information to all employees within their command. (HPM 10.12, 1-3)

A

shall

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

____, in accordance with Assembly Bill (AB) 1825, developed an online sexual harassment course for departmental supervisors and managers. This course fulfills the requirements of AB 1825 and can be accessed on the Department’s Intranet. (HPM 10.12, 1-6)

A

Office of Equal Employment Opportunity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The California Fair Employment and Housing Act (FEHA) and the ____ prohibit harassment of employees, applicants, unpaid interns, volunteers, and persons providing services pursuant to a contract by any persons and require employers to take all reasonable steps to prevent harassment. (HPM 10.12, 2-3)

A

California Code of Regulations, Title 2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

____ is defined as pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected group. _____ 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 hostile, intimidating, or abusive; as measured by the reasonable person standard. (HPM 10.12, 2-4)

A

Harassment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

____ is a form of sex discrimination. It is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. ____ may be verbal or physical, exhibited by a man to a woman, by a woman to a man, or within the same gender. (HPM 10.12, 2-10)

A

Sexual harassment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

It is the Department’s obligation to protect the rights of employees and resolve issues at the lowest possible level. The term “____” shall include unpaid interns, volunteers, and persons providing services pursuant to a contract. (HPM 10.12, 2-10)

A

employee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Employees who feel they are victims of discrimination should seek ____ from an equal employment opportunity counselor or appropriate supervisory and/or management personnel. (HPM 10.12, 2-11)

A

informal assistance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q
  1. Courts have recognized ____ of sexual harassment under federal and state law. (HPM 10.12, 3-5)
A

two types

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

____ harassment occurs when, “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. (HPM 10.12, 3-5)

A

Quid pro quo

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

A ____ claim occurs when 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. (HPM 10.12, 3-5)

A

hostile work environment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

The Department is ____ to ensure the work environment is free of discrimination once a sexual harassment complaint has been filed (formally or informally), prompt, appropriate action must be taken to avoid or minimize the incidence of sexual harassment and potential employer liability. (HPM 10.12, 3-6)

A

legally obligated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Supervisors and managers shall have employees initial and sign a ____ during the employee’s annual review or after any training on these policies. (HPM 10.12, 3-13)

A

CHP 237A, Sexual Harassment Prevention and Discrimination Policy Admonition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Government Code Section 12950.1 requires managers and supervisors to attend two hours of initial sexual harassment prevention training upon promotion and refresher training every ____. (HPM 10.12, 3-14)

A

two years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

The CHP 237 shall be retained in the employee’s personnel file until ____. (HPM 10.12, 3-14)

A

separation from state service

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

The California Highway Patrol (CHP) is ____ to prohibit discrimination against persons with disabilities and is required to encourage their employment. (HPM 10.12, 4-4)

A

legally mandated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

The Department may prohibit illegal use of drugs and use of alcohol at the workplace. It ____ of the law for the Department to give tests for illegal use of drugs. (HPM 10.12, 4-10)

A

is not a violation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

____ which is the CalHR’s program designed to increase representation of persons with disabilities in state service by minimizing the obstacles to employment which frequently occur in the traditional selection process. (HPM 10.12, 4-12)

A

Limited Examination and Appointment Program (LEAP)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

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 _______ accommodation. (5-1, 1a)

A

reasonable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

The employee with the disability requiring the reasonable accommodation is usually the best resource available when evaluating possible work site _________. These employees may have firsthand knowledge of specialized equipment, adaptive devices, or adjustments to the work site which may assist them in their job performance. (5-8, NOTE)

A

modifications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

All relevant medical information requested by the responding commander shall be provided by the employee/applicant within __ calendar days of the request. Failure to provide requested medical information will result in suspension of the reasonable accommodation process until this information is provided. (5-11, b)

A

21

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

As part of the process of providing reasonable accommodation, it may become necessary for the requesting employee or applicant to submit medical information to __________ and/or clarify the nature and extent of their disability and/or limitation(s). (5-11, 6a)

A

substantiate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

In order for a person to be considered qualified for a position, that individual must be able to perform all of the _________ functions of that position, with or without reasonable accommodation. (5-13, 7a)

A

essential

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Essential functions of a job are those _________ duties of an employment position a person holds or desires. They do not include marginal functions of the position. Elimination of marginal functions could be considered a reasonable accommodation. Elimination of essential functions is not a reasonable accommodation option. Therefore, it is critical that essential and marginal functions of a job be distinguished. A job function may be considered essential for any of the following reasons. (5-13, 7b)

A

fundamental

26
Q

Requests for ________ accommodation must be submitted by the employee to their Division/Area/section commander utilizing the CHP 163. (5-16, c1)

A

reasonable

27
Q

The affected commander will consider the request based upon the guidelines contained in this chapter and will render a decision within ___ working days of having received the written request by completing their portion of the CHP 163. Upon completion, the commander will return the completed _________ form to the applicant or employee and a copy of the CHP 163 shall be forwarded to OEEO. If the request is denied, full justification is required. (5-17, 9a2)

A

ten
original

28
Q

The Department must make every effort to ensure the continued _________ ________ of employees who become temporarily or permanently disabled because of illness or injury. (5-22, d1)

A

productive employment

29
Q

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 fully explore _________ _____ placement options before considering medical termination/retirement. Alternative job placement is considered a reasonable accommodation under Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act. (5-22, d1)

A

alternative job

29
Q

If the reasonable accommodation request is denied and the employee or applicant is not satisfied with the commander’s reply or if ten working days have elapsed without a response to such a request, the affected commander will: (1) Refer the employee or applicant to this chapter HPM 10.12/Chapter 5)  (2) Advise the employee or applicant that the commander’s decision may be appealed, in writing, within _____ working days of either the receipt of the denial or exhaustion of the ten working-day period without a response. These appeals shall be made to the Office of the Commissioner through OEEO. (5-24,10a1,2)

A

five

30
Q

If the requested reasonable accommodation is denied by the Department or 20 working days have elapsed without approval, the employee or applicant may file a _________, based on the denial of a reasonable accommodation, with the California Department of Fair Employment and Housing and/or the federal Equal Employment Opportunity Commission. (5-24, 10b)

A

complaint

31
Q

The original CHP 163 will be maintained in the employee’s medical file for a period of _____ years from the date of the approved/disapproved request. (5-24, 11a)

A

two

31
Q

As the Office of Primary Interest, Office of Equal Employment Opportunity will retain the CHP 163 for ______ years. 

A

five

32
Q

The Commissioner is the final level of review for internally-filed complaints and will render a final decision on appeals, provide the complainant with a timely written response, inform the complainant of their rights to file a complaint with either DFEH or EEOC, and will notify the alleged ___________ employee of the Department’s decision. (6-4,a3)

A

discriminatory

32
Q

The commander’s responsibilities are to post the names and phone numbers of ____ counselors at each work location. Provide full support to the EEO counselor program and attempt informal resolution if the EEO counselor is unable to resolve the issue(s). (6-7, d1ab)

A

EEO

33
Q

Commander responsibility is to attempt to resolve _________ __________fairly and expeditiously by acknowledging receipt of the CHP 612C and taking appropriate action if required. (6-8, d)

A

informal complaints

34
Q

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: Federal EEO Commission, Federal Department of _______, California State Department of Fair Employment and Housing, and California Department of Industrial Relations. (6-14, d1234)

A

Labor

35
Q

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. (6-14, d1)

A

300

35
Q

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.  (6-14, d2)

A

180

36
Q

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. (6-15, d3)

A

365

36
Q

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. (6-15, d4)

A

180

37
Q

If a complainant becomes aware an act was discriminatory after all timelines have expired, external compliance agencies will allow an additional _____ ______ to file a complaint. (6-15, NOTE)

A

90 days

38
Q

The departmental internal discrimination complaint process is available to departmental employees, including cadets, and contains two distinct levels: The ________ level (EEO counselors) and the formal level (EEO investigators).

A

informal

39
Q

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. (6-16, a)

A

11

40
Q

All EEO counselors’ names and work telephone numbers _____ be posted at each work location. (6-16, 1a) 

A

shall

41
Q

_______ Level (Investigation)-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 ten working days from the date of receipt of the EEO counselor’s CHP 612B. (6-20, b1)

A

Formal

42
Q

The EEO counselor _______ be within the same Division as the complainant. If an employee feels they would not be comfortable with any of the counselors within their Division, approval to seek assistance from another Division shall be requested through the OEEO commander or lieutenant via email or memorandum. (6-27, NOTE) 

A

shall

43
Q

The right to file directly with the _______ chief if the informal complaint is not resolved to the complainant’s satisfaction. (6-28, 6)

A

Division

44
Q

The right to file an appeal of the Division chief’s determination with the appropriate Assistant __________ on a CHP 612A, Discrimination Complaint Appeal. (6-28, (7))

A

Commissioner

45
Q

In accordance with the State of California Records Retention Schedule, copies of the CHP 612, CHP 612A, CHP 612B, and CHP 612C, ______ be retained by Divisions for a period of two years from the date the initial complaint was filed. (6-29,11a)

A

shall

45
Q

The __________ of the CHP 612, CHP 612A, CHP 612B, and CHP 612C, shall be retained by OEEO for a period of five years from the date the complaint was closed. (6-29, 11b)

A

originals

46
Q

Evidence shall remain in the command which originally completed the investigation, regardless of any subsequent ________ of the involved employees. (7-18,3)

A

trasnsfers

46
Q

Copies of the discrimination complaint investigations, including interview recordings, shall be retained by Divisions for a period of ______ years from the date the complaint was closed. (6-29, c)

A

five

47
Q

All statements of involved employees who are interviewed during an EEO investigation ________ be recorded. Prior approval to record a statement is not required. If an interview or interrogation of a departmental employee is not recorded, the investigator shall notify OEEO as soon as practical. (7-20, c1)

A

shall

47
Q

Evidence gathered during an investigation ________ be retained for a minimum of five years or the life of the investigation file, whichever is longer. (7-18, 5)

A

shall

48
Q

After approval from the appropriate Assistant Commissioner and the Division chief has reviewed the final decision, closing documentation shall be disseminated by Division to the involved parties within _____ calendar days of the findings. (7-32, 12)

A

30

49
Q

If the allegedly discriminatory employee(s) were ________ in the allegations, the Memorandum of Findings shall be filed in the EEO investigation file only.  (7-33,a(1))

A

exonerated

50
Q

If the allegedly discriminatory employee(s) actions were _________, the Memorandum of Findings shall be filed in the employee’s personnel field folder for three years and the EEO investigation file. (7-33,a(2))

A

sustained

51
Q

A copy of the Letter of Determination _______ be filed in the EEO investigation file only. (7-33, b)

A

shall

52
Q

To establish a prima facie case of ________, an employee must show: (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. (8-3, 1c1,2,3)

A

retaliation

53
Q

In accordance with EEOC, retaliation occurs when an employer, employment agency, or labor organization takes an _________ action against a covered individual because they engaged in a protected activity. (8-4, 4)

A

adverse

53
Q

The employee/applicant has the right to file a __________ 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. (8-5, 5)

A

complaint

2024-2025 SSG 69 (38 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions