8.325 Employment Diversity Section

Question 1

What are the protected Classes

Answer 1

race
color
religion
sex
national origin
age
genetic information
disability
military service
sexual orientation
gender identity or expression (including non-binary)
pregnancy
workers compensation status,
family medical leave
political affiliation protected by federal and state laws
and/or any other class protected by state or federal law

Question 2

What is the policy of the department regarding employee rights?

Answer 2

Employees have the right to work in an environment free of unlawful harassment, discrimination, and retaliation based on various protected classes.

Protected classes include race, color, religion, sex, national origin, age, genetic information, disability, military service, sexual orientation, gender identity or expression, pregnancy, workers compensation status, family medical leave, and political affiliation.

Question 3

What commitment does LVMPD make regarding workplace culture?

Answer 3

LVMPD is committed to fostering, cultivating, and preserving a culture of equity and diversity.

This commitment includes ensuring all employees are treated in accordance with the policy requirements.

Question 4

Who is responsible for compliance with the department’s policy?

Answer 4

Every member of the department, regardless of rank, title, or work status, is responsible for compliance with this policy.

This includes commissioned and civilian employees, whether they are full-time, part-time, temporary, or volunteers.

Question 5

What responsibilities do LVMPD employees have in terms of communication and conduct?

Answer 5

All employees have a responsibility to foster respectful communication, cooperation, and teamwork and will conduct themselves in a professional manner.

Question 6

What should an employee do if they witness inappropriate conduct?

Answer 6

They should immediately report the misconduct to any on-duty supervisor or the Employment Diversity Section (EDS).

Refer to policy 8.159, Reporting Misconduct, for further guidance.

Question 7

True or False: All inappropriate conduct is considered harassment.

Answer 7

False.

Some conduct may be inappropriate or unprofessional but does not fall under the definition of harassment, discrimination, or retaliation.

Question 8

Fill in the blank: Conduct not deemed to rise to the level of harassment may still constitute a violation of _______.

Answer 8

policy.

Question 9

What is the primary responsibility of the Employment Diversity Section (EDS)?

Answer 9

Planning, developing, implementing, and maintaining an employment diversity program

EDS also handles internal complaints regarding harassment, discrimination, and retaliation.

Question 10

What types of training does EDS conduct?

Answer 10

Mandatory training for all employees regarding employment discrimination and diversity issues

This training is essential for fostering a diverse workplace.

Question 11

What actions does EDS take regarding allegations of unlawful harassment, discrimination, or retaliation?

Answer 11

Investigates complaints, takes the allegations seriously, and acts to stop recurring behavior

EDS consults with the Office of General Counsel (OGC) and the Office of Labor Relations (OLR) when necessary.

Question 12

How are allegations investigated by EDS handled?

Answer 12

They will be sustained if proven by preponderance of the evidence

This standard means that the claims are more likely true than not.

Question 13

What is the definition of discrimination according to the Employment Diversity Section?

Answer 13

An act, practice, or pattern of behavior based on individuals or groups of a protected class that negatively affects them compared to members of other groups

LVMPD prohibits discrimination in hiring, retention, promotions, and other employment benefits.

Question 14

What types of discrimination does LVMPD prohibit?

Answer 14

All types of discrimination in hiring, retention, promotions, or other benefits of employment

This includes discrimination based on race, gender, religion, and other protected classes.

Question 15

True or False: EDS functions without regard to rank or classification when investigating complaints.

Answer 15

True

Members of EDS are considered agents of the Sheriff during investigations.

Question 16

Fill in the blank: EDS receives accommodation requests regarding _______.

Answer 16

[religion]

ADA accommodation requests are managed by a different section.

Question 17

Who manages accommodation requests regarding disabilities (ADA)

Answer 17

Health and safety

Question 18

What is harassment?

Answer 18

Unwelcome conduct (verbal or physical) based on a member belonging to one or more recognized protected classes.

Question 19

What are the effects of harassment on an individual?

Answer 19

Unreasonably interferes with work performance or creates an intimidating, hostile, or offensive work environment.

Question 20

What constitutes offensive conduct in harassment?

Answer 20

Offensive or derogatory comments (spoken or written), jokes, pictures, etc., directed at a protected class.

Question 21

What is the reasonable person standard in harassment?

Answer 21

Comments or conduct are deemed offensive based on what a reasonable person would perceive.

Question 22

What are the elements of harassment?

Answer 22

• Unwelcome
• Conduct directed at a member of a protected class
• Offensive to the recipient and a reasonable person
• Conduct that is severe or pervasive

Question 23

Define sexual harassment.

Answer 23

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

Question 24

What are the criteria for conduct to be considered sexual harassment?

Answer 24

• Conduct is unwelcome
• Conduct is subjectively and/or objectively offensive
• Conduct or proposal is sexual in nature
  -Proposal or Rejections is used as basis for Employment decisions
  -A proposal of such conduct is made openly or indirectly and is a term or condition of employment
• Conduct has the purpose or effect of unreasonably interfering with an individual’s work
  performance or creates an intimidating, hostile, or offensive work environment, and is severe
  or pervasive

Question 25

Can simple teasing, offhand comments, or isolated incidents still be considered Sexual Harassment

Answer 25

Yes. It can still rise to the level of sexual harassment if the conduct is so frequent or severe that it creates a hostile or offensive work environment

Question 26

What is retaliation in the context of employment?

Answer 26

A negative job action taken against an employee who has engaged in a protected activity regarding harassment, discrimination, and/or retaliation.

Question 27

What constitutes a protected activity?

Answer 27

Filing an EDS complaint, encouraging another employee to file a complaint, and/or participating in an EDS-related investigation.

Question 28

What rights do employees have regarding communication of concerns?

Answer 28

Employees have the right to communicate concerns or issues to EDS or a supervisor at any time.

Question 29

Will LVMPD retaliate against employees who participate in EDS investigations?

Answer 29

No, LVMPD will not retaliate against an employee who has complained, assisted, or otherwise participated in an EDS investigation or complaint process.

Question 30

What may happen if unprofessional conduct is found during an EDS investigation?

Answer 30

The case may be sustained for unprofessional conduct if behavior did not violate harassment, discrimination, and/or retaliation policies.

Question 31

What is considered unprofessional conduct?

Answer 31

Comments, actions, or behavior that disparages or demonstrates hostility or aversion towards any person and could be perceived as disruptive, disrespectful, offensive, or inappropriate.

Question 32

How does unprofessional conduct affect the workplace?

Answer 32

It may affect and/or unreasonably interfere with an individual’s work performance and create an intimidating or offensive work environment.

Question 33

What is the confidentiality policy regarding complaints and investigations handled by EDS?

Answer 33

All complaints and investigations will remain strictly confidential, with information released only by the EDS director or IAB commander at the direction of OGC.

Question 34

From whom can complaints be accepted?

Answer 34

Complaints can be accepted from any source, whether in person, by mail, email, or telephone.

Question 35

Is it necessary for the reporting member to be the target of offensive conduct to file a complaint?

Answer 35

No, it is not a requirement.

Question 36

What standards will the EDS director utilize to review complaints?

Answer 36

Federal laws, state laws, and EEOC and NERC standards.

Question 37

How will anonymous complaints be treated?

Answer 37

They will be evaluated by EDS to determine the extent to which they will be investigated.

Question 38

What steps should a complainant take to file a complaint?

Answer 38

Contact any supervisor, EDS, or IAB, and submit a complaint to the EDS director including all pertinent information within 300 days of the last incident.

Question 39

What is the statute of limitations for complaints submitted under USERRA?

Answer 39

There is no statute of limitation for USERRA complaints.

Question 40

What should a supervisor do upon receiving a complaint of harassment?

Answer 40

Immediately contact EDS and assist any member with a complaint of harassment, discrimination, and/or retaliation in documenting and filing the complaint. ## Footnote EDS refers to the relevant department or entity responsible for handling such complaints.

Question 41

What is the primary challenge in cases overseen by EDS?

Answer 41

They often do not have physical evidence and rely heavily on perception of events occurring.

Question 42

What should employees do if they feel they are experiencing harassment, discrimination, and/or retaliation?

Answer 42

They should report the circumstances.

Question 43

What may happen if information presented during an investigation is found to be intentionally false and malicious?

Answer 43

The individual may be subject to discipline under other department policies.

Question 44

Does the provision against false reporting apply to reports made in good faith?

Answer 44

No, it does not apply to reports made in good faith, even if the facts alleged cannot be substantiated.

Question 45

What is the responsibility of all supervisors concerning harassment, discrimination, and/or retaliation?

Answer 45

To prevent acts of harassment, discrimination, and/or retaliation.

Question 46

What is one action supervisors should take to monitor the work environment?

Answer 46

Continually monitor for signs that harassment, discrimination, and/or retaliation may be occurring.

Question 47

What should supervisors refrain from doing regarding harassment, discrimination, and/or retaliation?

Answer 47

Participation in or encouragement of actions that could be perceived as harassment, discrimination, and/or retaliation.

Question 48

What must supervisors counsel all members about?

Answer 48

The types of behavior prohibited and the procedures for reporting and resolving complaints.

Question 49

What should supervisors do if they observe acts that may be considered harassment, discrimination, and/or retaliation?

Answer 49

Stop the acts and take appropriate steps to intervene.

Question 50

What action should be taken pending an investigation of harassment, discrimination, and/or retaliation?

Answer 50

Limit the work contact between two members where there has been a complaint.

Question 51

To whom should all complaints of harassment, discrimination, and/or retaliation be reported?

Answer 51

To EDS, whether witnessed or reported, formally or informally.

Question 52

What must be ensured regarding the confidentiality of information related to complaints?

Answer 52

The information must be kept confidential and only discussed with others if advised by EDS and/or OGC.

Question 53

What is the primary responsibility of every member of this department?

Answer 53

To prevent acts of harassment, discrimination, and/or retaliation. ## Footnote This includes refraining from participation in or encouragement of such acts.

Question 54

What actions should members refrain from to prevent harassment or discrimination?

Answer 54

Participation in or encouragement of actions that could be perceived as harassment, discrimination, and/or retaliation. ## Footnote This includes verbal, written, or otherwise.

Question 55

What must members do when they witness acts of harassment, discrimination, or retaliation?

Answer 55

Report acts of harassment, discrimination, and/or retaliation. ## Footnote Reporting is crucial for addressing these issues.

Question 56

What should a member do if someone confides in them about being harassed or discriminated against?

Answer 56

Encourage them to report the acts by contacting any supervisor, EDS, or IAB. ## Footnote Seeking assistance is important for the affected individual.

Question 57

Who reviews and processes all religious accommodation requests?

Answer 57

The EDS director ## Footnote EDS stands for Employee Development Services.

Question 58

What is the first step a requestor must take when seeking a religious accommodation?

Answer 58

Notify the EDS director and/or immediate supervisor in a timely manner ## Footnote This initiates the formal interactive process.

Question 59

When should the supervisor notify the EDS director about a religious accommodation request?

Answer 59

In a timely manner ## Footnote This is essential to begin the formal interactive process.

Question 60

Fill in the blank: All religious accommodation requests will be reviewed and processed on a _______ basis.

Answer 60

case-by-case

Question 61

What will the requestor do when they receive the Accommodation Evaluation form back.

Answer 61

1. Sign it whether it was approved or denied 2. Adhere to the approved or denied accommodation same as policy and procedure.