8.325 Employment Diversity Section Flashcards
(17 cards)
What should an employee do if they witness inappropriate conduct by another LVMPD employee?(EDS)
Report the misconduct to any on-duty supervisor or person acting in a supervisory capacity.
What is unprofessional conduct?
Unprofessional conduct may include comments, actions, or behavior that disparages or demonstrates hostility or aversion towards any person that could reasonably be perceived as disruptive, disrespectful, offensive, or inappropriate.
Define discrimination
Discrimination is an act, practice, or pattern of behavior based on individuals or groups of a protected class which has a negative effect on an individual or identifiable group compared to the impact on members of other groups.
Define harassment
Harassment is unwelcome conduct based on the member belonging to one or more of the recognized protected classes. The unwelcome conduct has the purpose or effect of unreasonably interfering with an individual’s work performance and or the conduct is severe or pervasive enough to create an intimidating, hostile, or offensive work environment.
The elements of harassment are:
Unwelcome;
Conduct directed at a member of a protected class;
Offensive to the recipient and to a “reasonable person”; and
Conduct that is severe or pervasive (e.g., repeated).
Define sexual harassment?
unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
Certain behaviors may constitute sexual harassment when:
conduct is unwelcome;
subjectively and or objectively offensive;
conduct or proposal is sexual in nature;
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.
Simple teasing, offhand comments, or isolated incidents 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.
What is retaliation?
Retaliation is a NEGATIVE JOB ACTION taken against an employee who has engaged in a protected activity regarding harassment, discrimination, and/or retaliation, and a causal link exists between the action and the engagement in the protected activity.
What can happen if an investigation concludes there was no violation related to harassment, discrimination, or retaliation?
The case may be sustained for unprofessional conduct.
How can complaints be submitted to EDS?
Complaints can be submitted in person, by mail, email, or by telephone.
Contact any supervisor, EDS, or IAB
What standards will the EDS director utilize to review complaints of harassment, discrimination, and/or retaliation?
Federal laws, state laws, EEOC, and NERC standards.
What happens to anonymous complaints submitted to EDS?
They will be evaluated to determine the extent to which they will be investigated.
What is the time frame for submitting complaints to EDS?
Complaints submitted after 300 days will be evaluated on a case-by-case basis.
What action must supervisors take when a member has a complaint of harassment, discrimination, or retaliation?
Immediately contact EDS and assist the member in documenting and filing the complaint.
What may happen if information presented during an investigation is found to be intentionally false?
The individual may be subject to discipline under other department policy.
List the responsibilities of supervisors in preventing harassment, discrimination, and retaliation.
Continually monitor the work environment for signs that it may be occurring;
Refrain from participating in, or encouragement of, actions that could be perceived as one;
Counsel all members on the type of behavior prohibited and the procedures for reporting and resolving complaints;
Stop any observed acts that may be considered harassment and take appropriate steps to intervene, whether or not the involved members are within their line of supervision;
With recommendation of EDS, take action to limit the work contact between two members where there has been a complaint;
Report all complaints to EDS, whether witnessed or report, formally or informally
How will requests for religious accommodations be handled?
They will be reviewed and processed on a case-by-case basis by the EDS director.
What must a supervisor do upon receiving a request for a religious accommodation?
Notify the EDS director of the request in a timely manner.
The EDS investigation standard of proof in investigations is ____________
preponderance of the evidence
