32 - PM 39-06 Flashcards
What type of tolerance does Fairfax County Government have for any form of harassment.
Zero
This is unwelcomed conduct, whether verbal, physical, or visual, that a reasonable person, in the same position as the victim, would find to be hostile, offensive, or intimidating and which serves no lefitimate governmental purpose.
Harassment
Sexual Harasment is a form of harassment based upon what?
An individual’s gender
What are the two forms of sexual harassment?
Quid pro quo and hostile work environment
When does quid pro quo sexual harassment occur?
When the employment is threatened
Discrimination includes what two things?
Both Intentional Discrimination and Disparate Impact Discrimination
Define Retaliation
Taking action against a County employee, applicant or volunteer who has opposed discrimination
If discrimination, harassment, or retaliation is either witnessed or reported to a supervisory personnel, what should that individual do?
They have an affirmative durty to report the conduct
The duty to report discrimination, harassment, or retaliation by management includes ensuring that a prompt and thorough investigation is conducted unless what?
Unless the duty to investigate such conduct has been assigned to OHREP
In situations involving a violatin for which formal discipline is not warranted, what appropriate action should management take?
Coaching the person and maintaining a record that the coaching occurred
When the alleged harassment, discrimination, or retaliation involves a supervisory employee who then should enforce the provisions?
The agency shall designate another supervisor to implement the relevant provisions of this policy
Are complaints about discrimination, harassment, and retaliation subject to the chain of command framework?
Complaints about discrimination, harassment, and retaliation are NOT subject to the chain of command framework
Can Emmployees grieve acts of harassment?
Employees may grieve acts of harassment
Who has a “duty” to report discrimination, harassment or retaliation that they learn about or witness?
Non-supervisory employees or volunteers are strongly encouraged to report discrimination, harassment or retaliation, while Supervisors have a duty to report it
Who should supervisors who receive complaints report the potential misconduct to?
His or her department director, department human resources manager, EEO officer, or OHREP
Who is responsible for ensuring that the complaint is investigated and resolved and remains responsible for taking corrective action, including disciplinary action, as appropriate?
The Department Director
If it is necessary to separate the accused from the alleged victim, how should this be accomplished?
Transferring the accused, not the victim
How often shall OHREP document and communicate to the complainant and the accused the status of the investigation?
Approximately every 30 days
After the investigation findings have been issued, OHREP will communicate with the complainant within what time, and again within what time.
30 days time, and again within 90 days time
New supervisors shall receive training within what time period of assuming a supervisory position.
Three months
Sexual harassment is based upon ones?
Gender
There are 2 forms of sexual harassment. Quid Pro Quo is one. What is the other?
Hostile work enviroment
Harassment is more than what?
A simple lack of courtesy
Gender based sexual harassment is based on sexual orientation and what?
Gender identifiction
What does disparate impact discimination mean?
Unintentional discrimination
What one of the following is NOT grounds for sidcrimination based on race?
Country of origin
Can a close associate who aposes discrimination be retaliated against?
Yes
If a violtion is found but not warrenting formal discipline, what is the appropriat action?
Coaching the accused
When aligations are files against a suppervisory employee with responcabilitys to enforce provisions of section 4.D, 6.C, 6.D, OR 8. Who is designated to conduct the investigation?
Another supervisor
Complaints about discrimination, harassment, and retaliation are not subject to the chain of caomand. What agency below in NOT part of this?
Parks nd recreation
In addition to the complaint process through OHREP, what also is allowed by chapter 17 of the countys Personal Regulations?
Grievences
If a member of the public wishes to file a complante, they can contact OHREP and who?
The respective department head
When reporting discrimination, harrasment, and retaliation there are 4 people that need to be informed. Your supervisor, OHREP, your department head and who?
EEO officer
If your complante is against your suporvisoror you do not feel comfortble telling them, who can you tell?
Another suporvisor
There are 2 groups that can overide a departments directors decision reguarding who will investigate a complaint and who shall have final authority over the investigation?
OHREP and county executive
What time frame must an investigation begin?
As soon as practical
When an investigation is started, it will deturmin if violations of this policy, the code of ethics, or 1 other document has occurred.
Standard of Conduct
The investigation shall deturmin if the accused and victom should be seperated. If it is found that seperation is warrented, who gets moved?
The accused
After the investigation is over, and the findings have been issued. OHREP will communicate with the victom 2 times to ensure there is no retaliation. What is the time frame?
30 and 90 days
If you are found in violation, remedial training will occur. It shall be in addition to routine training. Wha is the time frame such training shall occur?
1 Month
The Fairfax County Government strictly prohibits all forms of harassment and what?
Discrimination
Harassment is unwelcome conduct, whether verbal, physical, or visual as viewed from what view?
A reasonable person
The means used to harass or engage in any other form of discrimination or retaliation is ?
Irrelevant
What is a form of harassment based upon an individual’s gender?
Sexual harassment
Sexual harassment that is of a sexual nature can come in the form of all of the following except what?
Uninvited
What harassment occurs when the submission to the conduct is made an explicit or implicit term or condition of employment?
Quid pro quo harassment
Even if not carried out, Quid pro quo sexual harassment occurs when the employment action is what?
Threatened
Sexual harassment that occurs when the conduct has the purpose or efect of unreasonably interfering with work or creates an intimidating, hostile, or offensive work environment is called what?
Hostile work environment
Examples of hostile work environment harassment that is of a sexual nature includeall of the following except what?
Sexual pressure
Harassment based upon an individual’s sexual orientation and gender identity is called what?
Gender-based sexual harassment
Discrimination includes what two things?
Intentional discrimination & Disparate impact discrimination
Retaliation includes all of the following types of action towards a County employee except what?
Write-up
Ensuring that a prompt and thorough investigation is conducted is called what?
Duty to report
Complaints about discrimination, harassment and retaliation are not subject to what framework?
Chain of command
Members of the public who wish to file a complaint alleging harassment, discrimination or retaliation by a County employee or volunteer should be directed to contact who?
OHREP
If the employee is unsure who is given the report of discrimination, harassment or retaliation it should be reported to who?
OHREP
Who has a duty to report discrimination, harassment or retaliation that they learn about or witness?
Supervisors
Even if complaints are not ultimately sustained and are made in good faith they will not be considered what?
False accusations
Who shall report to OHREP all complaints of harassment, discrimination, or retaliationoccuring within their departments?
Department directors
How soon after a complaint is received shall it be reported to OHREP?
Immediately
Fairfax County Government has zero tolerance for any form of harassment, discrimination, or retaliation, even if not prohibited under what Title of the Civil Rights Act of 1964?
Title VII
What are the two forms of sexual harassment?
Quid pro quo and hostile work environment
Discrimination includes both intentional discrimination and disparate impact discrimination. What is disparate impact discrimination?
Neutral employment policies and practices that are not job-related and that disproportionately affect a protected class
Personnel who report such discriminatory/harassment conduct should follow the reporting procedure outlined in what section of this policy?
6.C.ii
The duty to report includes ensuring that a prompt and thorough investigation is conducted in accordance with what section of this policy?
6.C.
In situations involving a violation for which formal discipline is warranted, appropriate action shall include imposing discipline in accordance with what Chapter of the Personnel Regulations?
Chapter 16
In situations involving a violation for which formal discipline is not warranted, what actions are considered appropriate?
Coaching and maintaining a record
What is different regarding complaints about discrimination, harassment, and retaliation involving county paramilitary agencies, including the Police Department, the Fire and Rescue Department, and the Sheriff’s Office?
They are not subject to the chain of command framework
Who should members of the public wishing to file a complaint alleging harassment, discrimination, or retaliation by a County employee or volunteer be directed to contact?
Office of Human Rights and Equity Programs
After the investigative findings have been issued, OHREP will communicate with the complainant within 30 days and again within how many days to ensure that the complainant has not experienced any retaliation?
90
What is unwelcomed conduct, whether verbal, physical, or visual, that a reasonable person, in the same position as the victim, would find to be hostile, offensive, or intimidating and which serves no legitimate governmental purpose?
Harassment
What is a form of harassment based upon an individual’s gender?
Sexual harassment
Chose the incorrect option. Reports of discrimination, harassment, and retaliation should be made to?
Fire chief
When should the investigation of harassment, disrimination, and retaliation begin and be performed impartially and in an otherwise appropriate manner?
As soon as practical
After the investigative findings have been issued, when will OHREP communicate with the complaintant?
Within 30 days
Remedial training resulting from Investigations shall occur within how many months of the finding that the individual committed the violation and shall be in addition to, not in lieu of, the routine training provided in section 8.A. of this policy?
1 month
County employees and volunteers shall receive training on “policy and procedures on discrimination, harassment, and retaliation” when they are hired and how often for routine training?
Every 2 years
Copies of this policy, as well as the contact information—including names, emails, and phone numbers—of the individuals and offices where complaints may be reported, are posted in conspicuous places in common areas, e.g., employee bulletin boards, lunchrooms, administrative offices, etc. How often shall each agency review and update, as necessary, the posts?
Every 6 months
What is it called when sexual harassment conduct has the purpose or effect of unreasonably interfering with work or creates an intimidating, hostile, or offensive work environment?
Hostile work environment sexual harassment
Documentation of all training provided to county employees and volunteers shall be kept electronically by the county’s online training system. How often shall each county agency audit whether county employees and volunteers within the agency have been trained?
Quarterly
What type of tolerance does Fairfax County Government have for any from of harassment?
zero
Sexual harassment is a form of harassment based upon what?
an individual’s gender
Which of the following is not a form of discrimination based on this policy?
financial situation
Fairfax County Government policy 39-06 follows what amended act?
Title VII Civil Rights Act of 1964
What are the two forms of sexual harassment?
quid pro que and hostile work environment sexual harassment
Which of the following is not an example of a hostile work environment?
rejection of an opportunity
When given a military status how many days will be provided?
180
What is general based harassment?
occurs when the harassment is based upon one’s gender; it does not need to be sexual in nature
What is discrimination?
is the basis of an individual’s race, sex, color, national origin, creed, age, religion, disability, political affiliation, union affiliation, marital status, military status, and genetic information in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment is prohibited
What is the meaning of retaliation?
taking disciplinary action, harassing, or otherwise taking action against a County employee, applicant, or volunteer, or his or her close associates, who has opposed discrimination (including filing an informal or formal complaint) or participated in an investigation or other proceeding (such as a lawsuit) regarding discrimination
Discrimination includes what two things?
intentional discrimination and disparate impact discrimination
When does quid pro quo sexual harassment occur?
when the employee is threated
Can employees grieve acts of harassment?
employees may grieve acts of harassment
What needs to be completed at the end of the investigation?
a written report
If a complaint is made who shall OHREP not notify?
assistant director
If its necessary to separate the accused from the alleged victim, how does this get accomplished?
transferring the accused but not the victim
Who is responsible for ensuring that the complaint is investigated and resolved and remains responsible for taking corrective action, including disciplinary actions as appropriate?
department director
How often shall OHREP document and communicate to the complainant and the accused the status of the investigation?
approximately 30 days
After the investigation findings have been issued, OHREP will communicate with the complainant within what time period?
30 days time, and again with 90 days of time
New supervisors shall receive training within what initial training period after being promoted?
3 months
How many forms of sexual harassment are there?
2
What are the forms of sexual harassment?
Quid pro quo & hostile work environment
Which form of harassment includes harassment based upon an individual’s sexual orientation and gender identity?
gender-based sexual harassment
Discrimination on the basis of an individual’s race, sex, color, national origin, creed, age, religion, disability, political affiliation, union affiliation, marital status, military status, and genetic information in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment is what?
Prohibited
What is defined as, taking disciplinary action, harassing, or otherwise taking action against a County employee, applicant, or volunteer, or his or her close associates, who has opposed discrimination (including filing an informal complaint) or participated in an investigation or other proceeding regarding discrimination?
Retaliation
In situations involving a violation for which formal discipline is not warranted, what would an appropriate action be?
Coaching the person and maintaining a record that the coaching occurred
Who is responsible for monitoring their work environments to ensure full compliance with PM 39-06?
All supervisory and management personnel
What is not subject to the chain of command framework administered by County paramilitary agencies, including the Police Department, Fire and Rescue Department, and the Sheriff’s Office?
Complaints about discrimination, harassment, and retaliation
If a member of the public wishes to file a complaint alleging harassment, discrimination, or retaliation by a County employee or volunteer, who should they be directed to contact?
OHREP
If an employee or volunteer belives they are being harassed and is comfortable doing so, what is the recommended action they should take?
Make clear to the offending person that their behavior is unwelcomed and offensive and request that it stop
Who has a duty to report discrimination, harassment, or retaliation?
Supervisors
If they are unsure to which specific option, who should an employee or volunteer report misconduct in regard to discrimination, harassment, and retaliation?
OHREP
Other than harassment, discrimination, and retaliation, what else is prohibited by this policy?
Making intentionally false accusations
Non-supervisory employees and volunteers who witness or otherwise learn about discrimination, harassment, or retaliation are strongly encouraged to do what?
Report the misconduct
It shall be the appropriate department director’s decision to do what?
Investigate the complaint within his or her department or refer the complaint to OHREP for investigation
Regarding whom will investigate the complaint and notwithstanding sections 6.c.iii and 6.C.vi, OHREP or the County Executive may do what regarding who will investigate the complaint?
Overrule the department director’s decision
When interviewing the individuals involved, the investigator shall remind the interniewees about what?
The prohibition against retaliation
When separation of the responsible party and victim is warranted by the circumstances, the department shall accomplish this in what way?
Transfer the responsible party, not the victim
When the alleged conduct involves a department director or department of human resources manager, who shall conduct the investigation?
OHREP
If a finding is made that a County employee or volunteer is overdue for training under this policy, the County agency in which the employee works shall ensure that the training in completed forthwith and in no circumstances, later than how many days after the date the training became overdue?
90 days
What policies fall under 39-06?
harrassment and sexual harassment
What does Fairfax county government strickly prohibit against when someone reports harrasment?
retaliation
What type of harrassment is based on someone gender?
sexual harrassment
What are 2 forms of sexual harrassment?
quid pro quo and hostile work environment sexuaul harrassment
What is considered when you deny a subordinate training opportunities because of a race complaint?
retaliation
What is it considered if you exclude someone because of a foreign accent?
discrimination
what harrassment is based on sexual favors?
quid pro quo
what is Sexual innuendo considered?
hostile work enviroment harrassment
Do supervisory personnel have to report all conduct if only truly seen?
no it does not need to be severe or pervasive
which office do do get information about harrassment ?
OHREP
What chapter of county personnel regualtions can employees grieve acts of harrasment?
17
Who does the public file a complaint with about harrassment?
OHREP
When a charge of discrimination is filed with EEOC, who will investigate it?
OHREP
Who does OHREP notify if they receive the complaint directly?
the appropriate department head, department human resources manger and department EEO officer
What should the iterviewer remind the indivduals involved about?
retaliation
Who does department heads talk to about investigation procedures?
OHREP
Who is transferred if during the investigation shows the need for separation?
the responsible party
when do employees receive trainig on 39-06 policy?
when hired and every 2 years
What must every employee do after the conclusion of each training sessions?
sign a statement
What is this policy enactd under?
Title VII of the Civil Rights Act of 1964
Which of the following is not a protected category under Memorandum No. 39-06?
Previous employment history
Which of the following is not a protected category under Memorandum No. 39-06?
Level of Education
Which of the following is not a protected category under Memorandum No. 39-06?
Income Level
PM 39-06 prohibits what against employees who oppose ddiscriminatory conduct?
Retaliation
