Being real diverse and how to complain about it

Question 1

______________ 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.

Answer 1

Discrimination

Question 2

__________ is unwelcome conduct (verbal or physical) based on the member belonging to one or more of the recognized protected classes.

Answer 2

Harassment

Question 3

What are the protected classes? 15 of them. RACRS NAG DPMS WIFE P

Answer 3

1. Race
2. Color
3. Religion
4. Sex
5. National origin
6. Age
7. Genetic information
8. Disability
9. Military service
10. Sexual orientation
11. Gender identity or expression (including non-binary)
12. Pregnancy
13. Workers Compensation Status
14. Family Medical Leave
15. Political Affiliation
16. Any other class protected by state or federal law

Question 4

______ __________ may include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

Answer 4

Sexual harassment

Question 5

Elements of harassment:

Answer 5

Conduct must be:

1. Unwelcome
2. Conduct directed at a member of a protected class
3. Offensive to the recipient and to a “reasonable person”
4. Conduct that is severe or pervasive (repeated)

Question 6

Elements of sexual harassment:

Answer 6

Conduct must be:

1. Unwelcome
2. Subjectively and/or objectively offensive
3. Sexual in nature
   a. a proposal or rejection is used as basis for employment
   b. proposal of conduct is made openly or indirectly as a term of employment
   c. conduct has the purpose of unreasonably interfering with work performants or creating hostile work environment

Question 7

Can simple teasing, offhand comments, or isolated incidents still rise to the level of sexual harassment?

Answer 7

Yes, if the conduct is so frequent or severe that it creates a hostile or offensive work environment.

Question 8

Who can file EDS complaint?

Answer 8

Anyone by any source.

Question 9

Must a complaint be filed only by the intended target?

Answer 9

No, witnesses can also file a complaint.

Question 10

Who reviews all complaints of harassment, discrimination, and/or retaliation?

Answer 10

EDS director

Question 11

Who can a complainant contact to file an EDS complaint?

Answer 11

ANY supervisor, EDS, or IAB.

Question 12

Internal statute of limitations on EDS complaints

Answer 12

300 days.

Question 13

Can discipline apply to those intentionally filing false EDS complaints?

Answer 13

Yes.

Question 14

If a supervisor receives a complaint of harassment, discrimination, and/or retaliation, they will immediately contact ___ and will:

Answer 14

EDS

Assist any member with a complaint of harassment, discrimination, and/or retaliation in documenting and filing the complaint.

Question 15

Conduct not deemed to rise to the level of harassment can still constitute a _________ __ ______.

Answer 15

violation of policy

Question 16

Who reviews requests for religious accommodation?

Answer 16

EDS director

Question 17

If a supervisor receives a request for religious accommodation, what do they do?

Answer 17

Contact the EDS director in a timely manner to begin the formal interactive process.

Question 18

What is disparate treatment?

Answer 18

When an employer treats an individual less favorably than other similarly situated individuals because of their protected status.

Question 19

For a claim of discrimination based on disparate treatment, what must be established?

Answer 19

1. The complainant is a member of a protected class.
2. The complainant was treated differently from individuals who are similarly situated.

Question 20

What is Adverse Impact?

Answer 20

“A substantial different rate of selection in hiring, promotion, or other employment decision which works to the disadvantage of members of a race, sex, or ethnic group.”

Question 21

For harassment, what is generally required?

Answer 21

The offensive conduct be continuous, frequent, repetitive, part of an overall pattern rather than one event or even several isolated events.

Question 22

Hostile Work Environment

Answer 22

• Conduct is severe or pervasive enough to create an objectively hostile, offensive, or intimidating work environment
• Conduct affects terms, conditions, and/or privileges of employment.

Question 23

What is retaliation?

Answer 23

When an employee is subjected to adverse employment action based on their participation in a complaint regarding charges of harassment or discrimination.