Preventing molestation and racism at work Flashcards
Who investigates all allegations of harassing or discriminatory conduct?
EDS
Who investigates allegations of bias-based policing?
IAB
Definitions: “THIS” occurs when an employer treats an
individual less favorably than other similarly situated individuals because of their protected status.
Disparate or different treatment
Claims of disparate treatment must establish two things. What are they?
- the complainant is a member of a protected class.
- the complainant was treated differently from individuals who are similarly situated.
Who has the burden of proof in disparate treatment cases?
The complainant
Definitions: “A substantial different rate of selection in hiring, promotion, or other employment decision which works to the disadvantage of members of a race, sex, or ethnic group.”
Adverse Impact
Definitions: any conduct based on that employee’s membership in one or more of the protected classes that has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
Harassment
Can one incident of harassment be enough to sustain a complaint?
Yes.
The unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature that could affect an individual’s employment status, opportunities, work performance or could create a hostile, offensive, intimidating work environment is:
sexual harassment
Quid Pro Quo
“this for that”
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such an individual
An employee may acquiesce to demands and still have a claim of sexual harassment
What occurs when an employee is subjected to adverse
employment action based on their participation in a complaint
regarding charges of harassment or discrimination?
Retaliation
Who can receive a complaint of harassment or discrimination? (Three parties)
Any supervisor
EDS
IAB
How will harassment/discrimination complaints be received (method)?
ANY source. Even anonymously.