Respect in the Workplace Flashcards
all employees have the right to work in an environment free from discrimination and harassment, T/F?
True
Every member of the LVMPD has the responsibility for preventing harassment and discrimination by:
1. Reporting and encouraging others to report the behavior and…
- Refraining from participating or encouragement of actions that could be perceived as harassment or discrimination.
These laws prohibit discrimination in the workplace based on particular protected classes which include the following: Race Color Religion Sex National Origin Age Genetic Information Disability Pregnancy Military Service Sexual Orientation Gender Identity and ...
Political Affiliation
The two categories of discrimination are:
- (DT)
- (AI)
- disparate treatment (DT)
2. adverse impact (AI)
Disparate or different treatment occurs when an employer treats an individual _______ favorably than other similarly situated individuals because of their protected status
less
A claim of discrimination based on allegations of (DT) disparate treatment must initially establish by:
1) the complainant is a member of a protected class and
2) the complainant was treated differently from individuals who are similarly situated.
To prove (DT) disparate treatment, the employer’s actions must be based on a discriminatory motive but do not need to be ___________ or willful.
deliberate
The burden of proof stays with the complainant in proving that discrimination against them was based on their protected status, T/F?
True
Discriminatory notice is proved when:
1) sufficient evidence reasonably determines that the employer’s explanation to the charge is false and
2) that discrimination was more than likely the motivating factor.
“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.” Is the definition of ___________(AI).
Adverse Impact
According to the supreme court, practices which have an (AI) adverse impact on protected classes that are not justified by ____________ constitute illegal discrimination under Title VII.
business necessity
The focus of the inquiry into a charge of adverse impact is on the ___________ of employment practices rather than the motive.
consequences
Harassment is 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.
Generally harassment requires that the offensive conduct be continuous, frequent, repetitive, part of an overall pattern rather than one event or even several isolated incidents, T/F?
True
For sexual harassment The conduct must be unwelcomed and of a sexual nature, T/F?
True
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
The categories of sexual harassment are:
- Quid Pro Quo
2. Hostile work environment
______________: when an employee is subjected to adverse employment action based on their participation in a complaint regarding charges of harassment or discrimination.
Retaliation
To prove retaliation it must be shown that the negative job action occurred due directly to filing or participating in a complaint process, T/F?
True
When an employee notifies her supervisor that she is pregnant, the supervisor must provide to the employee within ________ days a copy of LVMPD’s Pregnant Workers’ Fairness Act flyer which is available on the EDS intranet site.
three
Supervisors who act professionally and ____________ in dealing with behavior that could result in any allegation of harassment or discrimination will send out a strong message that it will not be tolerated.
decisively
Supervisors must stop offensive conduct before it becomes pervasive or_________, as defined by law and department policy, regardless of the subordinates’ chain of command.
severe
To prevent complaints of offensive conduct Supervisors Shall (IMR CSR):
1. INSIST that all employees be treated with dignity and fairness
2. MONITOR the work environment for signs of harassment and/or discrimination
3. REFRAIN from encouraging or participating in acts that could be perceived as harassment and/or discrimination
4. COUNSEL employees on prohibited behavior
5. STOP any acts that may be considered harassment, and take steps to intervene even if the employees involved are not under his/her supervision
and …
- REPORT all complaints of harassment/discrimination to the Employment Diversity Section, whether witnessed or reported, formally or informally.
Complaints of harassment or discrimination can be received by any one of the following three parties:
- Any supervisor
- EDS
- IAB
As a supervisor receiving a complaint I will:
1. ACT IMMEDIATELY on all complaints, even those that are minimized by the complainant
2. ENSURE the employee understands the complaint policy as outlined in policy 5/101.24
3. CONTACT the Employment Diversity Section for assistance in documenting and following-up on complaints
4.
ASSIST the employee with documenting and filing a written complaint
Any LVMPD employee that is involved in the complaint process for either a perceived or real violation of Title VII, whether through the Department, Nevada Equal Rights Commission (NERC) or the Equal Employment Opportunity Commission (EEOC), is protected from any form of retaliation T/F?
True
Both the EEOC and Courts have recognized some of the more widely used types of retaliation are:
1. Threats to take adverse employment action unless the complainant does not file a complaint
2. Intimidation or harassment
3. Transfer to a lower paying job
4. Denial of overtime
5. Retaliatory reprimands
6. Failure to promote
7. Denial of benefits
8. Manufacturing a case against the complainant to support discipline or discharge
9.
Constructive discharge
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 prima facie _________ of adverse employment action.
evidence
The complainant’s supervisor and/or chain of command should monitor the work environment during and after investigations and routinely follow through with employee to ensure retaliatory behavior is not occurring in the workplace T/F?
True