HPM 10.12 Equal Employment Opportunity Flashcards
The Department wide, long range goal is to achieve a workforce that is representative of the state’s relevant labor force in all occupations and at all levels. A workforce analysis is conducted _________ in order to provide direction for the Department’s EEO Program.
a. quarterly
b. Biannually
c. Annually
d. During even numbered years
c. Annually
An employee who wishes to participate in the Department’s Upward Mobility Program must be in a classification identified in the California State Civil Service pay scale as a ____________ occupation?
a. Low Paying
b. Entry Level
c. Minor Classification
d. All of the Above
a. Low Paying
Each year all Department’s with ____ or more employees are required to compare race, ethnicity, gender, and disability representation of state civil workforce with relevant California labor force representation referred to as underutilization?
a. 15
b. 50
c. 100
d. 250
b. 50
Government Code Section 18850 provides the authority for the state personnel board to adopt, by resolution, the Bilingual Salary program. This program was adopted to provide compensation to those employees that use bilingual skills that, on a continuous basis, average _____ percent of the employee’s work time.
a. 2.5
b. 5
c. 10
d. 25
c. 10 %
ALCOHOLISM AND ILLEGAL DRUG ABUSE (4-10)
Which of the following is not a true statement with regard to Legal Obligations involving Alcoholism and illegal Drug Abuse?
a. An individual who is currently engaging in illegal use of drugs is not an “individual with a disability” when the employer acts on the basis of this illegal use.
b. The Department may not discriminate against a drug addict who is not currently using drugs and has been rehabilitated. Discrimination is illegal when actions area based on a history of drug addiction.
c. A person who is an alcoholic is an “individual with a disability” under the law.
d. Employees who use prescribed drugs or alcohol may not be required to meet the same standards of performance and conduct that are set for other employees.
e. All of the above are true statements
d. Employees who use prescribed drugs or alcohol MAY NOT BE required to meet the same standards of performance and conduct that are set for other employees.
“MAY BE”
The Department cannot deny an employment opportunity to a qualified applicant or employee because of the need to provide reasonable accommodation, unless it would cause ________ on the organization or pose a ______ to the individual or both.
a. An embarrassment / inconveniences
b. An undue hardship / Direct threat
c. An unnecessary burden / financial hardship
d. A Change in policy / a clear advantage
b. An undue hardship / Direct threat
Reasonable accommodations may include, but should not be limited to the following except:
a. making Test sites accessible
b. making written test accommodations
c. modifying work sites
d. Restructuring jobs
e. Adopting flexible leave policies
f. All of the above are examples of Reasonable Accommodations
f. All of the above are examples of Reasonable Accommodations
Employees who feel that they are victims of sexual harassment are encouraged to inform the individual that his or her behavior is unwelcome, offensive, in poor taste, or highly inappropriate; however victims _______by departmental policy or federal or state law.
a. Should notify a supervisor
b. shall notify a supervisor
c. shall document the harassment
d. are not required to do so
e. B. and C.
d. are not required to do so
If a complainant feels he/she has been discriminated against, he/she may elect to bypass the Departments Internal Discrimination Complaint process and/or may file with all of these external organizations within 365 days of the last incident or notification of discriminatory acts, except?
a. EEOC
b. DFEH
c. SPB
d. DIR
e. All of the above organizations utilize the 365 - day time frames
a. EEOC (300 days)
With regard to Informal Level Counseling, the complainant has _________ from the last incident to contact an EEO Counselor regarding discrimination-related issues. Employees or applicants who believe they have been discriminated against and wish to use the __________ process shall discuss the problem with and EEO counselor within the complainants division.
- Six months/ Informal
- One Year / Formal
- 300 days / external
- 11 months / Internal
- 11 months / Internal
(2-3) Employment discrimination, including harassment, based on the following protected groups is prohibited by law: RCR NAA SPP MSM GMS
Race, Color Religion National Origin Ancestry Age Sex Physical or mental disability Political affiliation, Marital status Sexual orientation, or Medical condition Gender, gender identity, or expression Military or Veteran Sex and/or
All managers and supervisors are responsible and accountable to the appropriate ______ for personnel practices consistent with the Department’s EEO Program.
a. Division Chief
b. Commander
c. Office of equal Employment Opportunity
a. Division Chief
Office of Equal Employment Opportunity serves as the liaison correspondent to state and federal agencies regarding EEO issues. Office of EEO reviews, processes, and submits finalized investigations to state and federal compliance agencies such as ____________ and ___________.
Department of Fair Employment and Housing (DFEH)
and
Equal Employment Opportunity Commission (EEOC)
Office of Equal Employment Opportunity provides Divisions with a roster of their EEO counselors and EEO investigators on a __________basis.
Quarterly
Harrassment is defined as pervasive, persistent, unwelcome conduct which perpetuated by an individual’s ___________.
Status in a protected group
Harassment reaches the level of illegality when the conduct becomes a condition of continued employment, or is sever or pervasive enough to be considered hostile, intimidating, or abusive, as measured by the _____________.
Reasonable person standard
Discrimination on the basis of medical condition applies to ________ and ________.
Cancer and Genetic conditions(sickle cell anemia, tay sachs disease, hemophelia)
Courts have recognized two types of sexual harassment under federal and state law. these include:
Quid pro Quo and hostile work environment
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:
- Behavior must be of a sexual nature
- Behavior must be unwelcome
- Behavior must be severe or pervasive enough to create a hostile, intimidating, or offensive work environment.
Incidents of sexual harassment can lead to:
a. Disciplinary sanctions
b. Workers compensation claims
c. Reinstatement costs and backpay
d. Civil Liability
e. Discredit to the Department
Government code section 12950.1 requires managers and supervisors to attend ______of initial sexual harassment prevention training upon promotion and refresher training every ________.
2 hours / 2 years
A person who is an alcoholic is a person with a disability under the law.
True/ False
True
Per the Americans with disabilities act, service animals may be:
a. Canine
b. Feline
c. Goat
d. miniature Horse
e. A & D
e. A & D
SEXUAL HARASSMENT PREVENTION: (3-3)
b. Sexual harassment includes ____________ sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when conduct explicitly or implicitly affects an individuals _______, unreasonably interferes with an individuals work performance or creates an intimidating, hostile, or offensive work environment.
UNWELCOME
EMPLOYMENT
TYPES OS SEXUAL HARASSMENT: (3-5)
Courts have recognized two types of sexual harassment under federal and state law. This includes ____ and ______ ________ ________.
QUID PRO QUO
HOSTILE WORK ENVIRONMENT
TYPES OS SEXUAL HARASSMENT: (3-5)
a. quid pro quo
b. hostile work environment
_______ 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.
a. quid pro quo
TYPES OS SEXUAL HARASSMENT: (3-5)
a. quid pro quo
b. hostile work environment
In Contrast,_____________ claim occurs when unwelcome sexual conduct unreasonably interferes with an individuals job performance or creates an intimidating hostile, or offensive working environment, even if it does NOT lead to tangible or economic consequences.
________ MAY ALSO OCCUR ON THE BASIS OF OTHER PROTECTED GROUPS (E.G.- RACE-DISABILITY-NATIONAL ORIGIN)
b. hostile work environment
PROGRAM DEFINITION OF A PERSON WITH A DISABILITY: (4-6)
Someone who:
Has a physical or mental impairment which limits _____ or more of that persons major life activities.
ONE
PROGRAM DEFINITION OF A PERSON WITH A DISABILITY: (4-7)
The following is an example of a disability. T/F:
A person with history of cancer, heart disease, or other debilitating illness, whose illness is either cured, controlled, or in remission would be covered. People with a history of mental illness are also included under this definition.
True
PROGRAM DEFINITION OF A PERSON WITH A DISABILITY: (4-8)
The following is an example of a disability. T/F:
An employee has controlled high blood pressure which does not limit their work activities. If the manger / supervisor reassigns the individual to a less strenuous job because of unsubstantiated fear the person would suffer a heart attack if they continue in the present job, that manager/supervisor has regarded this person as having a disability, thus entitling the employee to protection under FEHA.
True
REASONABLE ACCOMMODATIONS: (5-3)
Reasonable accommodations has been commonly defined as a logical adjustment to a job and or the work environment which enables a qualified person with a disability to perform the essential duties of their position.
T/F
True
REASONABLE ACCOMMODATIONS: (5-5)
All commanders are responsible and accountable to the appropriate __________ for responses to individual requests for reasonable accommodations, including:
1. Process CHP163
2. Consulting with the Officer of _______ _______ _____.
3. maintaining appropriate records in separate file to document receipt and responses to all CHP163.
4. Ensuring responses meet timelines
5. Advising employees and applicants for employment of their right to file appeals with the CHP Commissioner or ourside agencies (FEHA, EEOC) .
DIVISION Chief
Office of Equal Employment Opportunity
REASONABLE ACCOMMODATIONS: (5-5)
All commanders are responsible and accountable to the appropriate __________ for responses to individual requests for reasonable accommodations, including:
1. Process CHP163
2. Consulting with the Officer of _______ _______ _____.
3. maintaining appropriate records in separate file to document receipt and responses to all CHP163.
4. Ensuring responses meet timelines
5. Advising employees and applicants for employment of their right to file appeals with the CHP Commissioner or ourside agencies (DFEH, EEOC) .
DIVISION Chief
Office of Equal Employment Opportunity
ROLES & RESPONSIBILITIES: (6-7)
COMMANDER responsibilities are:
1. Post name and Phone # of EEO counselors
2. Provide full support to teh EEO counselor and program
3. Ensure suitable private location is provided
4. Attempt to resolve informal complaints fairly and expeditiously
5. CAUTION the alleged ______________ and _________ that retaliation against anyone involved in the investigation process (complaining party. witness, investigators, etc) is PROHIBITED, and may result in adverse action
discriminatory employee(s
complainant(s)
COMMANDER, OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY: (6-8)
The _____ is the overall administrator of the discrimination compliant process.
OEEO Commander
TIME FRAMES AND BASIS FOR EXTERNALLY - FILED DISCRIMINATION COMPLAINTS: (6-14)
- California DFEH - Must be filed within ____ days:
- Federal EEOC- Must be filed within _____ days.
- Federal DOL- Must be filed within ____ days
- California DIR - Must be filed within____ days.
- California DFEH - 365
- Federal EEOC - 300 days
- Federal DOL - 180 days
- California DIR - 180 days
INTERNAL DISCRIMINATION COMPLAINT PROCESS:
(6-16)
a. INFORMAL LEVEL (COUNSELING) - The complainant has __ months from the last incident to contact an EEO counselor regarding discrimination - related issues.
11 months - Informal Level Counseling
INTERNAL DISCRIMINATION COMPLAINT PROCESS:
(6-20)
a. FORMAL 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 ____ working days from the date of receipt of the EEO counselors CHP 612B.
10 Working days to appeal EEO counselors inquiry to Division Chief
INTERNAL DISCRIMINATION COMPLAINT PROCESS:
(6-20)
a. FORMAL 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 ____ working days from the date of receipt of the EEO counselors CHP 612B.
10 Working days to file a FORMAL complaint with Divison Chief if unhappy with EEO counselors inquiry.
INTERNAL DISCRIMINATION COMPLAINT APPEALS:
(6-22)
a. A complainant who is not satisfied with the Division Chiefs Letter of Determination may file and appeal via a CHP612A with the appropriate _____________, in care of the OEEO commander within ___ working days from the date of receipt of the letter.
Assistant Commissioner
10 Working days
INTERNAL DISCRIMINATION COMPLAINT RECORDS RETENTION: (6-29)
a. In accordance with the Sate of CA Records Retention Schedule, COPIES of the 612, 612A, 612B, and 612C, SHALL be retained by _____ for a period of ____ years from the date of initial complaint was filed.
b. The ORIGINAL of the forms SHALL be retained by the _______ for a period of ____ years from the date the compliant was closed.
a. Copies - DIVISONS / 2 YEARS - initial complaint date
b. Original - OEEO / 5 YEARS -complaint close
BILINGUAL SERVICES PROGRAM: (10-3)
c. Every state agency conducts a biennial statewide LANGUAGE SURVEY and reports its FINDINGS to the Department of Human Resources (CalHR) by _____ of every ___ numbered year.
LANGUAGE SURVEY FINDINGS REPORT:
October 1st
Even numbered years
BILINGUAL SERVICES PROGRAM: (10-4)
f. State agencies prepare an IMPLEMENTATION PLAN. The Implementation Plan is due to CalHR by _______ of every______ year.
IMPLEMENTATION PLAN:
October 1st
Odd
BILINGUAL SERVICES PROGRAM: (10-9)
RETENTION SCHEDULE:
a. language survey forms and related material: ___ months.
36 months
