HPM 10.12 - EEO / AFFIRMATIVE ACTION Flashcards
It is the policy of the CHP to provide equal employment opportunities for all persons without regard to age (____ and over); ancestry; color; disability gender, gender identity, and gender expression; genetic info; marital status; medical condition; military and veteran status; national origin; political affiliation; race; religion (including religious dress and grooming practices);
retaliation, sex; and/or sexual orientation
40 and over
Who is responsible for maintaining a work environment free of discrimination and harassment and for providing reasonable accommodation to qualified employees with disabilities
Managers and supervisors
Who is responsible to maintain an environment that supports the Departments’ EEO policies?
ALL EMPLOYEES
What is defined as pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected group?
Harassment
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 ___________, ______________ or ____________
Hostile, intimidating or abusive
*As measured by the reasonable person standard
Petty slights, annoyances and isolated incidents, unless extremely serious, will not rise to the level of __________
Harassment
To be unlawful, the conduct must create a work environment which would be intimidating, hostile, or offensive
Age discrimination applies to persons ___ years of age and over
40 and over
_________________ is defined as unsolicited and unwelcome sexual advances, requests for sexual favors, and other verbal, physical or visual conduct of a sexual nature
Sexual harassment
Two types of sexual harassment
Quid pro quo
Hostile work environment
___________ occurs when “submission to or rejection of (unwelcome sexual) conduct by an individual is used as the basis for employment decisions affecting that individual,”
Quid pro quo harassment
___________ occurs when unwelcome sexual conduct unreasonably interferes with an individual’s job performance or creates an intimidating, hostile or offenseive work environment
A hostile work environment
Are victims of sexual harassment required to inform the individual that their behavior is unwelcome, offensive, in poor taste or highly inappropriate?
No - not required.
But victims are encouraged to do so
Supervisors (including managers) shall receive sexual harassment prevention training within ____ months of their promotion and every _____ years thereafter.
Within 6 months
Every 2 years after that
3 criteria that must exist for conduct to reach level of a hostile work environment
- Behavior must be of a sexual nature.
- Behavior must be unwelcome.
- Behavior must be severe or purvasive enough to create a hostile, intimidating or offensive work environment
Supervisors and managers shall have employees initial and sign a _______ (Sexual Harassment Prevention & Discrimination Policy Admonition) form during their annual review.
CHP 237A
Managers and supervisors are required to attend ____ hours of initial sexual harassment prevention training upon promotion and a refresher training every ____ years
2 hours initial training
Every 2 years
A physical or mental impairment does not constitute a disability unless it results in a limitation of one or more major _____________
life activities
Is an illegal drug user considered disabled?
NO
Is a person who is an alcoholic a person with a disability under the law?
Yes.
However, Dept may discipline, terminate, or deny employment to an alcoholic whose use of alcohol impairs job performance (late for work, unable to perform)
BUT SHALL NOT discipline more harshly than other similar late/poor performing employees
Employees may make a reasonable accommodation request, which is what form?
CHP 163
The CHP 163 (Request for Reasonable Accommodation) will be maintained in the employee’s medical file for a period of ______ years
Keep CHP 163 for 2 years
The Department has an __________ and __________ complaint process
Internal and External
Whose role is to establish and provide an open channel of communication through which employees may raise questions, discuss concerns, receive answers and obtain informal resolutions
The EEO counselor
Federal Equal Employment Opportunity Commission (EEOC) - must be filed within ______ days of last incident or notification of the alleged discriminatory act
Within 300 days
