PM 39-06 Flashcards
Fairfax County Government has what kind of tolerance for harassment.
Zero
What is harassment?
Unwelcome conduct
Sexual harassment is a form of harassment based on __?
gender
Gender based sexual harassment is based on __
one’s gender
Discrimination against pregnancy is discrimination based upon __?
Sex
What does OHREP stand for?
Office of human rights and equity programs
If a department head is unable to comply with procedural memorandum 39-06 they are in violation of __?
Chapter 16, “Conduct and discipline” of the personnel regulations
Who shall not harass, retaliate or otherwise discriminate against other employees?
Employees and volunteers
Information and advice about discrimination, harassment and retaliation can be obtained by contacting __?
OHREP and EEO
Members of the public who wish to file a complaint alleging harrasment, discrimination, or retaliation shoud be directed to contact __?
OHREP
What does the acronym EEOC stand for?
Equal Opportunity Commision
When interviewing individuals involved, the investigator shall remind the interviewees about __?
Prohibition against retaliation
If an OHREP investigation is delayed how long shall they communicate the reasoning for the delay to the victim?
Every 30 days
After the OHREP communicates their findings for an investigation when is the first check / communication with the victim?
30 days
After the OHREP communicates their findings for an investigation when is the second check / communication with the victim?
90 days
Why does OHREP check in with the victims after the final release of an investigation?
To ensure no retaliation against the complainant
Does the final written report of an investigation identify the person implicated?
Yes
Documentation of all training provided to county employees and volunteers shall be kept __.
Electronically by the county’s online training system
If a county employee or volunteer has not completed mandatory online training, they have __ days to complete the training after it has become overdue.
In no circumstances later than 90 days
Copies of policy procedural memorandum 39-06 as well as contact information is posted in conspicuous places in common areas. Each agency shall review and update these posts every __.
6 months
PM 39-06 prohibits_______ against employees,applicants,clients/customers,volunteers,and vistors who oppose discriminatory conduct.
Retaliation
Fairfax County Government ______ ______ all forms of harassment and discrimination by County employees.
Strictly prohibits
Fairfax County Government has ______ ______ for any form of harassment,discrimination,or retaliation,even if not prohibited under Title VII of the Civil Rights Act of 1964 .
Zero tolerance
_______ is unwelcome conduct,wether verbal,physical,or visual,that a reasonable person would find it hostile,offensive,or intimidating and serves no legitimate nature.
Harassment
________ is more than a simple lack of courtesy by a County employee or volunteer.
Harassment
Unwelcome sexual advances,request for sexual favors,and other verbal or physical conduct of a sexual nature constitute______ _______
Sexual harassment
_____ ______ _____ is sexual harassment occurs when submission to the conduct is made an explicit or implicit term or condition of employment .
Quid pro quo
Sexual harassment occurs when the conduct has the purpose or effect of unreasonably interfering with work
Hostile work environment
Occurs when when the harassment is based upon one’s gender;it does not need to be sexual in nature
Gender-Based Sexual Harassment
__________________includes harassment based upon an individual’s sexual orientation and gender identity
Gender-Based Sexual Harassment
_______ includes taking disciplinary action ,harassing,or otherwise taking action against a County employee
Retaliation
________ _________ have an affirmative duty to report conduct that is reported to them or that they witness
supervisory personnel
A situation involving a violation for which formal discipline is warranted
Chapter 16 of the Personnel Regulations
It is ______ _______ that non-supervisory employees and volunteers report conduct that they witness or learn about.
Strongly encouraged
Office of Human Rights and Equity Programs abbreviation
OHREP
What is the telephone number for OHREP
703-324-2953
EEOC is the office of what?
United States Equal Opportunity Commission
Complaints made in _____ _____ will not be considered false accusations,even if they are not ultimately sustained.
Good Faith
Where shall Department directors report all complaints
OHREP
OHREP investigation shall _______ any conclusion that the department’s investigation has reached
Override
What type of policy does Fairfax County have towards any form of harassment, discrimination, or retaliation?
Zero tolerance
What is a form of “sexual in nature” sexual harassment based on employment action is threatened if the sexual request is not carried out?
Quid pro quo
What is the form of “sexual in nature” sexual harassment based on the conduct has the purpose OR effect of unreasonably interfering with work or creates intimidating, hostile, or offensive work environment?
Hostile work environment
What responsibility does a supervisor have if they are made aware of alleged harassment, retaliation, or discrimination?
Duty to report
What is TRUE about complaints of harassment, retaliation, and discrimination in the County’s paramilitary agencies?
Complaints are not subjected to the chain of command
Where do members of the public file a complaint?
OHREP or Department director where the alleged incident(s) occurred
Where can an employee file charges of harassment, retaliation, and discrimination?
United States Equal Opportunity Commission (EEOC)
Where does a supervisor report a complaint of harassment, retaliation, and discrimination if the accused is the Department Director?
OHREP
What happens if a supervisor fails to report?
They are subject to disciplinary action
When must an investigation begin for complaints of harassment, retaliation, and discrimination?
As soon as practical
How often is OHREP to keep parties informed of the progress of the investigation?
Every 30 days
When does OHREP follow up with the employee after the investigation is complete to make sure he/she has not experienced retaliation?
90 days
Where is harassment, retaliation and discrimination training of County employees and volunteers kept?
Electronically by the County’s online training system
How often does an employee receive routine harassment, retaliation, and discrimination training?
After initial training at hire, every two years thereafter
When is routine training conducted for someone who assumed a supervisory position?
Within three months of promotion; every two years thereafter
When is remedial training required to be completed by someone found to have violated a policy of PM 39-06?
Within one month of finding
Harassment, retaliation, and discrimination training that is discovered not completed by an employee through an audit must be completed how soon after the overdue date?
Within 90 days
Harassment is ____ coduct, whether verbal, physical, or visiual
unwelcome
Fairfax County Government has ____ tolerance for any form of harrassment, discrimination, or retaliation.
Zero
There are two forms of sexual harassment: _____ sexaul harrasment and hostile work environment sexual harrassment.
Quid pro quo
what is a example of Quid pro quo
Threatening a poor performance review unless sexual favors are provided
example of Hostile work environment sexual harassment occurs
Sexually oriented “kidding” or “teasing”
Gender based sexual harassment includes
Gender identity
Discrimination includes
Gender identity
What is NOT included in Retaliation?
Gender identity
What is NOT included in Retaliation?
Skin color
Taking an action against a close associate, such as a family members is known as
Retaliation
Information and advice about discrimination, harassment and retaliation can be obtained by contacting the_____.
Office of Human Rights and Equity Program
Who can overrule the department director’s decision regarding who will investigate the complaint?
County Executive
After the investigative finding have been issued, OHREP will communicate with the complainant within ___ days and again in ____ days to ensure that the compalinant has not experienced any retaliation.
30, 90
County employees and volunteers shall receive training on the policy when they are hired and every ____ therafter.
Two years
If you are to receive remedial training, with in what time period do you need to have it occomplished?
One month
If the Fire department is investigating a discrimination complaint thruogh their own investigators, who do they need to forward the final written report to?
OHREP
Members of the public who wish to file a complaint alleging harassment,
OHREP or the department director where the alleged incident(s) occurred.
If a complaint that is made directly to OHREP is against a department director, who shall OHREP notify?
The department director’s appropriate deputy county executive.
Who shall be responsible for
All supervisory and management personnel
Discrimination includes both intentional discrimination and
Disparate impact discrimination
A written report of each investigation shall be made
At the conclusion of each investigation.
New supervisors shall receive training within ___ months of assuming a supervisory position and shall receive training every ___ years thereafter.
Three, two
Separation shall be accomplished by transferring the responsible party, not the victim, unless
the victim specifically requests a transfer.
OHREP shall notify the complainant and accused regarding OHREP’s findings within ____ of the completion of the investigation.
A reasonable time
Complaints about discrimination, harassment, and retaliation are _____ the chain of command framework administered by County paramilitary agencies.
Not subject to
In accordance with Chapter 16 of the Personnel Regulations, Department personnel shall consult with ___ with respect to any and all disciplinary matters arising out of violations of this policy.
Department of Human Resources (DHR)
Each County agency shall forward the written reports of each investigation
OHREP
Documentation of all training provided to County employees and volunteers shall be kept in what manner?
Electronically by the County’s online training system
In situations involving a violation for which formal discipline is not warranted, appropriate action include which of the following?
Coaching the person and maintaining a record that the coaching occurred.
The duty to report includes ensuring that a prompt and thorough investigation is conducted in accordance with section 6.C. of this policy, unless
The duty to investigate such conduct has been assigned to OHREP.
Who has a duty to report discrimination, harassment or retaliation that they learn about or witness, per sections 4.B. and 6.C.ii., of this policy.
Supervisors
If an investigation is taking an extended period of time, OHREP shall document the reasons for such a delay and will communicate to the complainant and the accused the status of the investigation approximately
Every 30 days.
If warranted by the investigation, the department may take other
Restoration of leave taken by the
measures to correct the effects of the harassment, such as
victim in response to discrimination
Which of the following is an attribute that is NOT protected from discriminiation by OHREP?
Educational Background
Which of the following are not covered by PM 39-06?
Vendors
Fairfax County has a zero tolerance policy against all of the following except:
Lack of courtesy
Harrassment is all of the following except:
serving a legitmate governmental purpose
The means used to harass or egnage in any form of discrimination is:
irrelevant
Sexual Harrassment:
does not have to be of a sexual nature
Hostile work enviroment sexual harassament:
may be present when an environment unreasonably interferes with work.
Conditioning a promotion upon providing sexual favors is:
Quid pro quo sexual harassment
Retaliation does not include
Refusing to re-hire after they engaged in harassment.
In regards to reporting harassment:
Management has the duty to report.
In situations where a violation does not require formal discipline:
coaching the person maintaining a record that the coaching occurred is appropriate
Complaints about discrimination, harassment, and retaliation
are not subject to the chain of command
In regards to accusations which are unfounded:
Intentionally false accusations are prohibited
Managers should treat discrimination or harassment that is reported to them:
the same as if they observed it.
The final authority when multiple investigations are run on an incident is/are:
OHREP
When appropriate the investigator will determine
determine if it is necessary to separate the accused from the alleged victim.
During an investigation OHREP shall document the reasons for any delay and report the status of the investigation:
approximately every 30 days.
After an investigation OHREP will communicate with the complaintant:
within 30 days and again within 90 days.
County employees and volunteers shall receive training on PM 39-06:
when they are hired and every 2 years thereafter
If a violation of PM39-06 is found then:
remedial training shall occur within one month.
