Respect In The Workplace Flashcards
What is the mission of the Employment Diversity Section?
- 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.
- To provide objective and complete investigations of those complaints that do arise.
Who investigates bias-based policing issues?
IAB
What two things must be established to qualify as a legitimate complaint of disparate treatment?
- The complainant is a member of a protected class.
2. The complainant was treated differently from individuals who are similarly situated.
What are the recognized protected classes?
- Race
- Color
- Religion
- Sex
- National Origin
- Age
- Genetic Information
- Disability
- Pregnancy
- Military Service
- Sexual Orientation
- Gender Identity/Expression
- Political Affliation
Is one incident of harassment enough to sustain a complaint?
Under federal law, no. However, the department policy is more stringent that federal law and one incident can be enough to sustain a complaint.
To qualify as “Sexual Harassment” the conduct must be…
- Unwelcomed, and
2. Sexual in nature.
To prevent discrimination and/or harassment complaints, a supervisor SHALL…
- INSIST - that all employees be treated with dignity and fairness.
- MONITOR - the work environment for signs of harassment and/or discrimination.
- REFRAIN - from encouraging or participating in acts that could be perceived as harassment and/or discrimination.
- COUNSEL - employees on prohibited behavior.
- STOP - any acts that may be considered harassment, and take steps to intervene even if the employees involved are not under his/her supervision.
- REPORT - all complaints of harassment/discrimination to the Employment Diversity Section, whether witnessed or reported, formally or informally.
Discrimination and harassment complaints will be accepted…
…from any source (including anonymously), whether in person, by mail, email or by telephone.
Complaints of harassment or discrimination can be received by any one of the following 3 parties…
- Any supervisor
- Employment Diversity Section
- Internal Affairs Bureau
All complaints of discrimination and/or harassment will be reviewed by…
The Director of EDS
When receiving a complaint about discrimination and/or harassment, a supervisor shall…
- ACT IMMEDIATELY - on all complaints, even those that are minimized by the complainant.
- ENSURE - the employee understands the complaint policy.
- CONTACT - the Employment Diversity Section for assistance in documenting and following-up on complaints.
- ASSIST - the employee with documenting and filing a written complaint.
EDS investigations should be completed within…
90 days from receipt, when possible.
What are the two types of 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 employement
- Hostile Work Environment - Conduct is severe or pervasive enough to to create an objectively hostile, offensive or intimidating work environment
_____________________ of the LVMPD has the responsibility for preventing harassment and discrimination by:
-Reporting and encouraging others to report behavior and
-Refraining from participating in or encouragement of actions that could be perceived as harassment or discrimination.
Every member
Who’s mission is it 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.
Employment Diversity Section
__________________ treatment occurs when an employer treats an individual less favorably than other similarly situated individuals because of their protected status.
Disparate or different
To prove disparate treatment, the employer’s actions must be based on a discriminatory motive but do not need to be ___________ or ____________.
Deliberate or willful.
During a disparate treatment investigation, who has the burden of proof?
The complainant
Discriminatory notice is proved when:
-Sufficient evidence _____________________ that the subject’s explanation to the charge is false and
-That discrimination was _____________ the motivating factor.
Reasonably determines
More than likely
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
The focus of the inquiry into a charge of adverse impact is on the _______________ of employment practices rather than the _________.
Consequences
Motive
Under Federal law, _____ isolated incident is rarely enough to constitute harassment.
One
Generally, harassment requires the __________________ be continuous, frequent, repetitive, part of an overall pattern rather than one event or even several isolated incidents.
Offensive conduct
What are the following examples of?
-Vulgar and sexually related epithets
-Racially or sexually explicit cartoons, jokes, emails, text, or conversation
-Religiously offensive jokes, cartoons, etc.
-Derogatory name calling
-Threatening, demeaning or intimidating comments made on the basis of a protected class.
Harassing conduct
Does the gender of the victim of sexual harassment matter?
No.
They can be the same or differing genders.
Does the victim of sexual harassment have to be the intended target?
No.
What is the best tool to eliminate sexual harassment in the workplace?
Prevention
What are the two types of sexual harassment?
Quid pro quo
Hostile work environment
What standard is used when determining hostile work environment sexual harassment?
Reasonable person standard
Regarding sexual harassment, one incident, if it is ________________, may constitute harassment.
Sufficiently serious
For retaliation to occur, what type of link must exist between the adverse action and the person’s involvement in a complaint?
A casual link
If an employee is part of a complaint, are they exempt from the new or ongoing discipline process as it related to retaliation?
No
Who do accommodations for pregnancy go through?
Health and safety
Complaints of harassment or discrimination can be received by one of the following three parties:
- Any supervisor
- EDS
- IA
Intimidation tactics, or any significant change in how performance is documented or discipline handled after a complaint is made, can be prima facia evidence of _______________________.
Adverse employment action
