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)
If a victim is reluctant does the sexual harassment complaint still get investigated?
Yes all claims are serious
What protects disable people?
The Americans with disabilities act but must effect a major life activities from a mental or physical standpoint.
If the disability is short term is it covered by Americans with disabilities act?
No, must be long term which is more than three months.
Who coordinates job accommodations that fall under the Americans with Disabilities Act?
The health and safety manager. Supervisors will not inquire on nature of disability only how it effects employees benefit to perform job functions.
Who reviews all harassment and/or discrimination?
The director of EDS
Can meditation be used in complaints of harassment and discrimination?
Yes
If a supervisor does an harassment or discrimination at the bureau level what shall sergeants do?
- Coordinate investigation through EDS
- Document the incident and the results.
- Take remedial action to prevent future complaints.
- Counsel employees on inappropriate behavior.
- Identify a course of action and follow up with the assistance of EDS.
What federal law protects acts of harassment and discrimination
Title vii
Can a claim of retaliation be alleged after the case is sustained or not sustained?
Yes
Can a person who assisted a person in making a reasonable or good faith complaint of harassment or discrimination be the victim of retaliation?
Yes
Supervisors will not use ______________ as a means to discourage others from complaining.
Retaliation
Is a government agency subject to punitive damages?
No.
A _________ _________ case of discrimination or harassment results from complaint that appears true, valid or sufficient at first impression.
Prima Facie
Direct evidence can support a Prima Facie Case. Can circumstantial evidence? Can Statistical Information?
Yes to both
Is the agency liable in a Sexual Harassment complaint if its employees or supervisors know or should have known of conduct but failed to take appropriate action?
Yes
What is Respondent Superior?
Is automatic liability of the employer being responsible for the acts of its employees.
