Office of Employment Diversity

Question 1

What is the twofold mission of the Office of Employment Diversity?

Answer 1

1) To provide continuous training to all department members to increase awareness of our culturally diverse community and police department to reduce complaints of harassment, discrimination and bias-based policing issues, and
2) To provide objective, thorough and confidential investigations of those complaints that do arise.

Question 2

The Office of Employment Diversity (OED)

The OED will accomplish this mission by developing, implementing, and conducting training for all department personnel ______ and classifications in harassment/ discrimination issues.

a. below the rank of lieutenant
b. below the rank of captain
c. below the rank of sergeant
d. at all ranks

Answer 2

d. at all ranks

Question 3

The Office of Employment Diversity (OED)

The OED will conduct and/or coordinate all ______ investigations into complaints based on race, religion, sex, national origin, color, age, disability, sexual orientation, political affiliation or veterans status as described in Department policy 5/101.24. All _______ complaints of harassment/discrimination or bias-based policing issues will be investigated by Internal Affairs Section (IAS) as described in Department policy 5/101.26.

a. external/ internal
b. covert/ overt
c. internal/ external
d. non-criminal/ criminal

Answer 3

c. internal/ external

Question 4

Supervisors must stop offensive conduct before it becomes “pervasive or severe,” as defined by law and department policy, regardless of the subordinates’ chain of command.
Supervisors Shall:

Answer 4

1) INSIST
2) MONITOR
3) REFRAIN
4) COUNSEL
5) STOP
6) REPORT

**MRCRIS (I am going to use this acronym to help remember these steps)

Question 5

The Office of Employment Diversity (OED)
Receiving Complaints
Complaints will be accepted from any source (including anonymously). What methods may be used for reporting?

a. in person
b. by mail
c. by electronic mail
d. by telephone
e. a and d only
f. all of the above

Answer 5

f. all of the above

Question 6

Complaints of harassment or discrimination can be RECEIVED by one of four parties: 1) any supervisor, 2) the Director of OED or designee, 3) the Captain of Personnel, or 4) the Captain of Professional Standards Bureau.

True or False

Answer 6

TRUE

Question 7

Receiving Complaints:

In accordance with Department policy 5/101.24 Harassment and/or Discrimination- Prevention and Complaint Process, SUPERVISORS SHALL:

a. Act, Comment, Reflect, Report
b. Monitor, Report, Counsel, Support
c. Act, Ensure, Contact, Assist
d. Monitor, Ensure, Contact, Support

Answer 7

C. ACT IMMEDIATELY on all complaints, even those that are minimized by the complainant
ENSURE the employee understands the complaint policy as outlined in policy 5/101.24
CONTACT the OED for assistance in documenting and following-up on complaints
ASSIST the employee with documenting and filing a written complaint

acronym AACE

Question 8

The Office of Employment Diversity (OED)

Regardless of how the complaint is investigated, all investigations should be completed within ____ from receipt when possible.

a. 45
b. 30
c. 90
d. 60

Answer 8

a. 45

Question 9

The Office of Employment Diversity (OED)
Bureau Level Investigations

Investigations that are not complex can be referred to the bureau level for investigation. The supervisor’s actions are __________ of the action taken by the department to correct inappropriate behavior and prevent future incidents.

a. proof
b. evidence
c. documentation
d. none of the above

Answer 9

b. EVIDENCE

Question 10

The Office of Employment Diversity (OED)
Bureau Level Investigations

Supervisors Shall:

• COORDINATE
• DOCUMENT
• TAKE REMEDIAL ACTION
• COUNSEL
• ____________

Answer 10

• IDENTIFY

Coordinate the investigations through the OED

Document the incident and the results of the fact-finding investigation through an investigative report

Take Remedial Action to eradicate and prevent further occurrences of discrimination or harassment

Counsel employees on inappropriate behavior and remarks

Identify a course of action with the complainant to follow up with assistance from the OED

Question 11

True or False:
Title VII prohibits employers from engaging in retaliatory conduct against an employee who either participates in any way in a Title VII proceeding or who opposes any practice which is made unlawful by Title VII.

Answer 11

TRUE

Question 12

The well established “________” clause was intended to provide “exceptionally broad protection” for protesters of descriminatory employment practices. The effective enforcement of Title VII depends in a very large part on the initiative of individuals to oppose employment practices which are reasonably believed to be unlawful and made in good faith.

a. exclusionary
b. participation
c. reporters
d. none of the above

Answer 12

b. “Participation”

Question 13

The Office of Employment Diversity (OED)
Retaliation

When can an allegation of retaliation occur?

Answer 13

• when a complaint is being investigated
  OR
• after a determination has been rendered that is either sustained or not sustained

Question 14

For a prima facie case of retaliation exist when the complainant shows:
1) they made OR assisted OR participated in a reasonable and good faith complaint of harassment and/or discrimination
AND
2) Thereafter was subjected by the employer to adverse employment
AND
3) a ______ ______ exist between 1 and 2

Answer 14

Casual Link

Question 15

Supervisors will not use retaliation as a means to discourage others from complaining. Intimidation tactics, or any significant change in how performance is documented or discipline handled after a complaint is made, can be _____ _______ evidence of adverse employment actions.

a. justified cause
b. prima facie
c. probable cause
d. reasonable suspicion

Answer 15

b. Prima Facie

Question 16

Liability:

A Prima Facie case of discrimination or harassment (sexual or otherwise) results from a complaint that appears to true, valid or sufficient at first impression. Direct, circumstantial and statistical evidence will support a Prima Facie case.

True or False:
The existence of a good faith defense by the employer MAY defeat the claim.

Answer 16

TRUE

Question 17

Liability:

Liability is not limited to the abuse of power between supervisor and subordinate, nor tot he actions of coworkers.

Which of the following are also covered?

a. Inmates and Arrestees
b. Suspects
c. Crime Victims
d. Others having interaction with our agency
e. c and d only
f. all of the above

Answer 17

F. All of the above

The agency may be liable if its employees or supervisors knew or should have known of the conduct but failed to take appropriate action.

Question 18

Historically, the EEOC has taken the position that quid pro quo harassments always result in strict liability to the employer, regardless of whether the employer knew the harassment was occurring and despite the existence of prohibitive policy statements, a proper complaint procedure, extensive management training, or a general atmosphere of disapproval.

The theory creating this automatic liability is known as ________ _____.

a. Vicarious Liability
b. Liable Knowledge
c. Responsive Supervision
d. Respondent Superior

Answer 18

D. Respondent Superior

Meaning, the employer is responsible for the acts of its employees.

Question 19

What are the following principles used to assess?

• Whether or not LVMPD had notice of harassment through an actual complaint, or under circumstances, in which the department should have known harassment was occurring;
• What the department does about the sexual harassing activity once it comes to their attention; and
• Whether or not the department has developed and communicated a strong policy prohibiting sexual harassment concerns to the employer’s attention.

Answer 19

LIABILITY