10.12 AA/EEO planning manual Flashcards
(44 cards)
All managers and supervisors are responsible and
accountable to the appropriate ___________ for personnel practices consistent
with the Department’s EEO Program
Division Chief
10.12 Ch1
Managers and supervisors should/shall be familiar
with EEO policies and should/shall ensure the dissemination of EEO Program information
to all employees within their command
shall/shall
10.12 Ch1
it is the responsibility of all managers and supervisors to support, implement, and facilitate the Department’s
EEO policy, and to ensure ______, _______, _______, and _______ of personnel
is conducted consistent with policy.
hiring, promotion, assignment, and training
10.12 Ch1
Harassment is defined as
pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected group
10.12 Ch2
Harassment reaches the
level of illegality when
the conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to be considered hostile, intimidating, or abusive; as measured by the reasonable person standard.
10.12 Ch2
Conduct and behavior may not be considered harassment if a _____ would not find the action offensive
reasonable person
10.12 Ch2
An employee who engages in unlawful harassment of a coworker is personally liable for the harassment regardless of whether the employer knew or should have
known of the conduct and/or failed to take appropriate corrective action true/false
true
10.12 Ch2
Does the Department’s discrimination prohibition include unpaid interns or other programs designed to provide unpaid work experience?
Yes
10.12 Ch2
It is the Department’s obligation to…
to protect the rights of employees and resolve
issues at the lowest possible level
10.12 ch2
Sexual harassment is a form of sex discrimination true/false
true
ch3
Sexual harassment includes…
unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when the conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes
with an individual’s work performance, or creates an intimidating, hostile, or
offensive work environment
ch3
Sexual harassment is defined as:
unsolicited and unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a
sexual nature
ch3
Courts have recognized two types of sexual
harassment under federal and state law?
quid pro quo and hostile
work environment
ch3
May both quid pro quo and hostile work environment harassment occasionally exist
in the same case?
yes, both may be found where an employee is passed over for promotion for rejecting their supervisor’s sexual advances and is also
subjected to a sexually hostile work environment by pervasive and ongoing sexual jokes, improper touching, and sexual innuendo by other workers
ch3
When may the Department be held liable for the inactions of a manager/supervisor?
If the manager or
supervisor knows or should have known of such acts, and fails to take timely and appropriate action
ch3
What are the four responsibilities for Managers regarding EEO issues?
(1) Take immediate action when potential issues are observed or brought to
their attention.
(2) Ensure incidents of sexual harassment, when observed by or brought to
the attention of supervisory personnel, shall be given serious attention, and ensure timely and appropriate corrective action is taken to remedy the situation.
(3) Assure a favorable working atmosphere free from sexual harassment and other discriminatory practices for all employees.
(4) Maintain a businesslike working environment and assures fair, courteous
treatment for our employees and the public we serve.
ch3
In determining whether unwelcome sexual conduct rises to the level of a hostile environment, as defined in Title VII, the central issue is?
whether the conduct
unreasonably interferes with an individual’s work performance or creates an
intimidating, hostile, or offensive work environment
ch3
In order for conduct to be determined to have created an intimidating, hostile, or offensive work environment based on sexual harassment, the following three criteria must exist:
(1) The behavior in question must be of a sexual nature.
(2) The behavior must be unwelcome.
(3) The behavior must be severe or pervasive enough to create a hostile,
intimidating, or offensive work environment.
ch3
The conduct alleged to be sexual harassment must be
unwelcome
ch3
Sexual conduct only becomes unlawful when it is
unwelcome
ch3
Although the victim does not necessarily have to confront the
harasser, the victim must
demonstrate in some manner the behavior was
unwelcome
ch3
The court presented the following (4)
rules for evaluating allegations of hostile environment sexual harassment in accordance with the newly revised reasonable woman standard:
1 The focus should be based on the perspective of the victim;
2 An understanding of the victim’s perspective requires an analysis of the different perspectives of men and women:
3 An employee may state a case of hostile environment (sexual harassment) by alleging conduct that a reasonable person would
consider sufficiently severe, but this does not mean the employer must accommodate the idiosyncrasies of the rare hypersensitive employee; and,
4 The standard is not static but will change as the views of reasonable women change over time.
ch3
Regarding an individual’s inappropriate conduct that may not have yet risen to
the level of being severe or pervasive enough to have created a hostile
work environment Managers/supervisors have a responsibility to
take immediate and appropriate action to eliminate such inappropriate or potentially discriminatory behavior(s).
ch3
May an employee be charged with “inexcusable neglect of duty” for failure for conduct which does not constitute sexual harassment, but is inappropriate
for the workplace?
Yes
ch3
