Respect in the Workplace Preventing Harassment and Discrimination Flashcards
What federal law provides a discrimination of most civil rights in relation to employees?
Title VII of the Civil Rights Act of 1964
What classes are protected under Title VII?
an individuals race, color, religion, sex or national orgin
The Pregnancy Discrimination Act of 1978 protects women affected in what three areas?
- Pregnancy
- Child birth
- medical issues related to child birth.
What did the Civil Rights act of 1991 allow?
compensatory and punitive damages
Equal Pay Act of 1963 said no employer shall discriminate between employees on the basis of ______ by paying for equal _______.
sex, work
What state law covers discrimination in the work place?
NRS 613.330
What protection was added by NRS 613.330 not covered by title VII?
Sexual Orientation
What protection is only prohibited by department policy?
Political Affliation
disparate or different treatment occurs when what two criteria are met?
- complainant is a member of a protected class AND
- was treated differently from individuals similarly situated.
“Similarly Situated” is loosely defined
does not need to be deliberate or willful.
What is the state enforcement body for work place discrimination?
Nevada Equal Rights Commission (NERC)
What protects Veteran Status as a protected class?
Uniformed Service Employment and Re-employment
Is a religious accommodation required to be accommodated?
No, If the employer can prove it causes an undue hardship. Will be evaluated on a case by case basis.
National Origin discrimination is (6)
- individual’s ancestors place of origin.
- possession of physical, cultural, or linguistic characteristics of a national group.
- marriage or association with origin group
- membership in organization to promote national group.
- attendance at or participation in schools, churches, temples, or mosques generally used by origin group.
- bearing name or being married with a name associated with national origin group.
how much tolerance does LVMPD have for any form or harassment or discrimination based on an individuals sexual orientation?
zero tolerance
Is there an age discrimination floor at LVMPD?
No, Age Discrimination in employment act of 1967 has a floor of 40 years of age but state law does not.
Who enforces sexual harassment at the federal level?
Equal Employment Opportunity Commission (EEOC)
What 3 behaviors constitute sexual harassment:
- when submission to such conduct is made explicitly or implicitly a condition of employment (is part of your job)
- Submission or rejection of conduct is used as a basis for employment decisions
- Conduct has the purpose or effect of interfering with work performance or creating a hostile or offensive working environment.
T or F All sexual conduct in the work place is sexual harassment
False, must be unwelcome and severe
What is quid pro quo sexual harassment? why does it add extra concern to LVMPD?
A supervisor relying on authority extorts sexual consideration by threatening or withholding a benefit. This may be expressed or implied. LVMPD is strictly held liable for this type of harassment.
There is Quid Pro Quo and _______ __________ sexual harassment.
Hostile Environment (can be held liable whether or not employee suffered a tangible job detriment)
The charging party must show what three items for a quid pro quo harassment claim?
- advances were unwelcome
- sexually motivated
- employee’s reaction affected a tangible aspect of employment.
T or F Hostile work environment harassment complaints cover only sexual harassment.
False, do not need to be sexual based.
The reasonable person standard is from who perspective in harassment cases?
Victims, must be sufficiently severe and pervasive.
T or F Joking, teasing and verbal repartee with all parties participating is still a sexual harassment.
False, conduct must be unwelcome. However if participation changes and is no longer welcome then it becomes an issue. (warning or notice should be given)
