HPM 10.12 - Equal Employment Opportunity Manual (EEO) Flashcards

EEO, Informal + Formal Process, EOAS, FMA, CFRA

1
Q

The Department ____ ______ to Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act.

A

Fully conforms

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2
Q

The Department has established an EEO Program through the _____ _______& ______ Section (EOAS) which ensures equal opportunity for: applicants, employees at all levels of recruitment, examination, selection, training, promotion…

A

Equal Opportunity & Access Section (EOAS)

  • Ch 1, p 3
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3
Q

The mission of the Equal Opportunity & Access Section is:

A
  1. Carry out the Department’s EEO policies, which incorporate the fundamental values of diversity, equity, inclusion, and access.
  2. Comply with state and federal antidiscrimination laws to ensure equal employment opportunities for all departmental applicants and employees.
  3. Promote a work environment free of discrimination and harassment by ensuring program objectives, standards, and practices conform with EEO policies.
  4. Ensure equal employment opportunity is integrated into the Department’s policies, procedures, and practices related to recruitment, examination, selection, training, promotion, and retention of a qualified workforce representative of the public we serve.
  • Ch 1, p 3
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4
Q

All examination, hiring, and
promotional practices ____ ensure EEO and be made based on and consistent with
the Civil Service Act and Merit Principle.

(May / Should / Shall)

A

Shall

  • Ch 1, p 3
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5
Q

Employees _____ acknowledge that they have reviewed and
understand this chapter, Chapter 4, Sexual Harassment and Abusive Conduct
Prevention; Chapter 8, Disability Services Program; and Chapter 5,
Discrimination, Harassment, and Retaliation Complaint Process, upon initial hire
and _______ thereafter.

A

Shall,

Annually

  • Ch 1, p 4
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6
Q

The Department _____ maintain both an informal and formal complaint process for departmental employees and applicants to bring forward complaints which allege discrimination, harassment, or retaliation in employment practices covering recruitment, selection, appointment, compensation, transfer, training, and other terms and conditions of employment.

A

Shall

  • Ch 1, p 4
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7
Q

Once the Department is aware of allegations of discrimination, harassment, or retaliation, the Department ____ determine if an investigation into alleged violations of the Department’s EEO policy is warranted and ____ conduct a prompt, thorough, and objective investigation.

A

Shall,
Shall

  • Ch 1, p 4
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8
Q

The ___________ is committed to, and ultimately responsible for, the implementation of an effective and meaningful EEO Program compliant with state and federal law.

A

Commissioner

  • Ch 1, p 5
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9
Q

The ____ _________ reviews discrimination complaints and accommodations which have been appealed to ensure all facts have been gathered and authorizes additional action if
warranted.

A

Deputy Commissioner

  • Ch 1, p 5
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10
Q

The ___ _____ shall be appointed by the Commissioner. The ___ _____ is responsible for the review and approval of discrimination complaints and accommodations

A

EEO Officer,

EEO Officer

  • Ch 1, p 5
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11
Q

_______ ________ are responsible for meeting departmental EEO Program objectives and ensuring subordinate managers and supervisors are aware of EEO policies and their roles and responsibilities.

A

Division Commanders

  • Ch 1, p 6
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12
Q

The _______ is under the supervision of the EEO Officer and is responsible for the overall administration of the EEO Program and discrimination complaint process.

A

EOAS - Equal Opportunity Access Section

  • Ch 1, p 6
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13
Q

___________ are responsible for supporting, implementing, and facilitating the Department’s EEO policy to ensure hiring, promotion, assignment, and training is conducted consistent with policy. Also required to take immediate and appropriate action to stop, correct, and prevent violations.

A

Supervisors

  • Ch 1, p 6
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14
Q

The _______ and _______ discrimination complaint process allow a uniform method for departmental employees to bring forward
complaints which allege discrimination, harassment, or retaliation.

A

Discrimination complaint process = Informal Process & Formal Process

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15
Q

The ________ process allows for complaints to be resolved at
the lowest appropriate level and provides management the opportunity to correct behavior and practices through education, training, and corrective action.

A

Informal process

  • Ch 1, p 7
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16
Q

The _______ process provides for a prompt, thorough, and
objective investigation, appropriate due process, and impartial review of the evidence collected. This process also provides opportunity to correct behavior through education, training, and corrective or disciplinary action.

A

Formal process

  • Ch 1, p 7
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17
Q

The ____ _____ _______is a career mobility program which
provides eligible state employees in low paying, entry-level classifications an opportunity to participate in career development
activities to prepare for advancement to qualifying technical, professional, and
administrative classifications.

A

Upward Mobility Program (UMP)

  • Ch 1, p 9
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18
Q

Protected classifications (groups) are:

A

Age, Ancestry, Color, Disability (psych or physical), Health, Gender (expression or identity), Genetics, Marital status, Military status, National origin, Race, Religion, Sex, Sexual orientation

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19
Q

Off-duty and away from the workplace lawful cannabis use is a protected activity, except by individuals exempted from this protected activity as provided by law.

(True or False)

A

True

This protected activity does not permit an employee to possess, be impaired by, or use cannabis on the job, nor does it affect the rights of the Department to maintain a drug/alcohol-free workplace.

  • Ch 2, p 11
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20
Q

____ is defined as the disproportionate favor for or against something that is not rooted in fact.

A

Bias

  • Ch 2, p 14
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21
Q

______ is defined as conscious thoughts and feelings that influence perceptions, decisions, and actions. The individual is clear about their feelings and related behaviors are conducted with intent.

A

Explicit Bias

  • Ch 2, p 15
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22
Q

______ ___ is defined as the attitudes or stereotypes that affect a person’s understanding, actions, and decisions in an unconscious manner.

A

Implicit Bias

  • Ch 2, p 15
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23
Q

_____ : An organizational cultural commitment that all employees will be treated fairly and given equal access to opportunities and resources and feel fully engaged to contribute to the Department’s mission and strategic plan

A

Equality

  • Ch 2, p 15
24
Q

Pregnancy Disability Leave is a state law that provides eligible employees with unpaid, job-protected leave of up to _____
months during any period of time during which they are unable to work due to pregnancy, childbirth, loss of pregnancy, and/or pregnancy related medical condition.

A

Up to four months

  • Ch 2, p 17
25
Q

______ ___ _______ is a type of workplace harassment that
occurs when comments or conduct are so severe or pervasive and are based
on a person’s protected characteristic, including: perceived protected characteristic, or association with a person who has, or is perceived to have, any of those characteristics.

A

Hostile Work Environment

(must be Severe or Pervasive)

  • Ch 2, p 18
26
Q

________ is defined as any adverse employment action taken against an applicant or employee because an individual engaged in a protected activity, or an activity the individual reasonably believed was a protected activity.

A

Retaliation

(Must have a causal link between the retaliatory animus and the adverse action, AND there must be a causal link
between the adverse action and the damages)

  • Ch 2, p 19
27
Q

_______ ____ _______ ___ _______ Act (FEHA) is the primary CA law which provides employees,
applicants, paid/unpaid interns, volunteers, or contractors with protection from discrimination, harassment, and retaliation in employment.

A

California Fair Employment and Housing Act (FEHA)

  • Ch 2, p 19
28
Q

_______: An employee’s allegation of a violation of workforce policy or contract terms.

A

Grievance

  • Ch 2, p 20
29
Q

_______ ______: This process allows for complaints to be resolved at the lowest appropriate level and provides management the opportunity to correct inappropriate behavior and practices through education, training, and corrective or disciplinary action.

A

Informal Process

  • Ch 2, p 20
30
Q

_______ ______: This process provides for a prompt, thorough, and objective investigation, appropriate due process, and impartial review of the evidence collected.

A

Formal Process

  • Ch 2, p 20
31
Q

The ____ is a memorandum, signed by the Division Commander, and is served to the respondent(s) that outlines
the conclusion of the investigation.

It is used when the respondent(s) is/are exonerated in the allegations or when the respondent’s actions were determined to
be a finding in the violation of the Department’s EEO policy.

A

Memorandum of Findings (MOF)

  • Ch 2, p 20
32
Q

_______: The person(s) named as causing or failing to prevent the act of discrimination, harassment, or retaliation in the complaint.

A

Respondent

  • Ch 2, p 20
33
Q

_______ _____ ______: Standard to determine whether the harassment is sufficiently severe and pervasive to constitute a hostile work environment. The standard is whether a reasonable person in that position considers the conduct so severe or pervasive as to alter the conditions of their employment.

A

Reasonable Person Standard

34
Q

_____ ______: The development and advancement of employees from positions in Low Pay Occupations to entry level positions.

A

Upward Mobility

35
Q

California Family Rights Act (CFRA) provides eligible employees with up to ____ weeks of unpaid, job-protected leave to care for their own serious health condition or a family member with a serious health condition, to bond with a new child, or military exigencies

A

Up to 12 weeks

  • Ch 2, p 24
36
Q

______ Treatment: Occurs when an applicant or employee is treated less favorably than other similarly situated applicants or employees because of their actual or perceived protected characteristic(s).

A

Disparate Treatment

  • Ch 3, p 4
37
Q

Single incidents of misconduct
perpetrated by a supervisor or manager will carry _______ weight toward establishing a hostile, oppressive, offensive, or intimidating work environment than similar conduct by a peer of the employee.

A

Much greater weight

  • Ch 3, p 9
38
Q

______ _____: Is a correlation of cause and effect between an event or action and the result.

A

Causal Link

  • Ch 3, p 11
39
Q

CHP employees, both supervisory and non supervisory, may be personally
liable for damages, as well as the Department, in legal actions filed for harassment
or aiding and abetting harassment. (True or False)

A

True

  • Ch 4, p 4
40
Q

Supervisors: when an allegation of sexual harassment is made, take immediate and appropriate action to stop, correct, and prevent the conduct by:

A
  1. Immediately make notification through the chain of command
  2. Protect employees from any forms of reprisal or retaliation
  3. Providing the employee with a copy of the CHP 613, Discrimination Complaint Procedures Pamphlet and refer them to an EEO counselor.
  4. Notify them of their right to file a complaint with the CRD and/or EEOC.
  5. Recommend the State of California’s Employee Assistance
    Program (EAP) for additional support, resources, and services.
41
Q

The discrimination complaint process _____ ____ prohibit
employees or applicants from filing a complaint with state or federal compliance agencies, or from filing an action with the appropriate court.

A

Does not prohibit

  • Ch 5, p 3
42
Q

A complainant ____ discontinue the complaint at any point in the process.
However, the Department ____ continue its review of the matter to ensure compliance with departmental EEO policies.

A

May,
May

  • Ch 5, p 4
43
Q

The designated state agencies include: 1. ___, 2. ___, and 3. ___

A
  1. California Civil Rights Department (CRD)
  2. Department of Industrial Relations (DIR)
    3.State Personnel Board (SPB).
44
Q

The designated federal agencies include: 1. ___, and 2. ___

A
  1. Equal Employment Opportunity Commission (EEOC)
  2. Department of Labor (DOL).
45
Q

The EEO Officer is the ____ level of review for all formal complaints filed
both internally and externally.

A

Final level of review

  • Ch 5, p 5
46
Q

The _____ is the overall administrator of the discrimination complaint
process.

A

Equal Opportunity & Access Section (EOAS)

47
Q

Informal Level (Counseling):
The complainant has _____ years from the last incident to contact an EEO Counselor regarding discrimination, harassment, and retaliation related issues.

A

Three years

  • Ch 5, p 11
48
Q

All concerns brought to an EEO Counselor by a complainant shall be documented on a CHP ____, Informal Discrimination Complaint.

A

CHP 612B

  • Ch 5, p12
49
Q

The CHP 612B shall be forwarded by the EEO Counselor to the appropriate Division Commander within _____ working days for review and action as necessary.

A

Five working days

  • Ch 5, p 12
50
Q

A complainant who disagrees with the results of the informal complaint process may file a formal discrimination complaint on a CHP 612 with the Division Commander within ___ working days from the date
of receipt of the EEO Counselor’s CHP 612B.

A

Ten working days

  • Ch 5, p 13
51
Q

Discrimination investigations shall be completed and submitted to the Equal
Opportunity and Access Section (EOAS) through channels within ___ calendar days of Division assignment.

A

60 calendar days

  • Ch 6, p 3
52
Q

Evidence gathered during an investigation shall be retained for a minimum of ____ years or the life of the investigation file, whichever is longer.

A

Five years

  • Ch 6, p 12
53
Q

All statements from departmental employees who are interviewed during a discrimination complaint investigation ____ be recorded using a digital audio recorder.

A

Shall

(Shall not video record for discrimination cases)

  • Ch 6, p 15
54
Q

Recordings of interviews ____ be fully transcribed for inclusion as an exhibit in the investigation.

A

Shall

  • Ch 6, p 16
55
Q

California Penal Code (PC) Section 13510.9 requires the Department to:

A

Notify the Commission on Peace Officer Standards and Training of any complaint, charge, or allegation of conduct against a peace officer employed by that agency that could render a peace officer subject to suspension or revocation of certification by the commission.

56
Q

Any request for release of an EEO investigation through a Public Records Act request or similar request ____ be directed to the EOAS.

A

Shall

Ch 6, p 29