HPM 10.12 Equal Employment Opportunity manual

Question 1

The California Highway Patrol (CHP) has implemented an Equal Employment Opportunity (EEO) Program to ensure equal opportunity for applicants and employees at all levels in testing, hiring, training, promotion, and other benefits and privileges extended through employment. This is accomplished in compliance with:

a. Title VII of the Civil Rights Act of 1964
b. California Fair Employment and Housing Act
c. Government Code Sections 12940 and 19702(a)
d. All of the above

Answer 1

D. All of the above

Question 2

True or false? No efforts to provide equal opportunity in employment practices will be made on the basis of merit, efficiency, and fitness consistent with state civil service and merit system principles.

Answer 2

False

All efforts

Question 3

Managers and supervisors are responsible for maintaining a work environment free of discrimination and harassment and for providing reasonable accommodation to qualified employees with disabilities to assist them with performing the essential functions of their positions.

Answer 3

True

Question 4

The Department ___ maintain a uniform process for employees and applicants to voice allegations of discrimination or retaliation and receive prompt and impartial consideration.

Answer 4

Shall

Question 5

The authority for coordinating, monitoring, evaluating, and reporting on EEO activities has been assigned to the Department’s ___.

Answer 5

EQUAL OPPORTUNITY AND ACCESS SECTION (EOAS)

Question 6

All managers and supervisors are responsible and accountable to the appropriate Division chief for personnel practices consistent with the Department’s EEO Program.

Answer 6

True

Question 7

True or false? Managers and supervisors shall be familiar with EEO policies and shall assure the dissemination of EEO Program information to uniformed employees within their command.

Answer 7

False

All employees within their command

Question 8

Each employee is responsible for ensuring their activities convey a commitment and the Department’s EEO Program policies. As with all departmental policies, any employee who willingly and knowingly fails to adhere to the intent of this policy will be subject to appropriate disciplinary action, up to, and including, ___.

Answer 8

Dismissal

Question 9

It is the responsibility of all employees to provide a climate of support for the Department’s EEO policies. Failure to comply with these policies may result in ___.

Answer 9

Disciplinary action

Question 10

True/ False

Employees who feel they are victims of sexual harassment are required to inform the individual their behavior is unwelcome, offensive, in poor taste, or highly inappropriate; as required by departmental policy, federal and state law

Answer 10

False- Not required

Question 11

True / False

The CHP 237A is to be retained in the employee’s personnel file for 10 years.

Answer 11

False - Until separation from state service

Question 12

True / False

Broken limbs, sprains, concussions, appendicitis, common colds, or influenza generally would not be disabilities.

Answer 12

True

Question 13

True/False

An individual who is currently engaging in illegal use of drugs is an “individual with a disability” when the employer acts on the basis of this illegal use.

Answer 13

False- is NOT and “individual with a disability”

Question 14

True/ False

The Department may prohibit illegal use of drugs and use of alcohol at the workplace. It is not a violation of the law for the Department to give tests for illegal use of drugs.

Answer 14

True

Question 15

True/False

Generally, it is the Department’s obligation to request and satisfy a reasonable accommodation for an employee.

Answer 15

False - the individual with a disability’s obligation to request reasonable accommodation.

Question 16

True/False

Employees with mobility impairments, who find it difficult to maneuver during peak periods on public transportation systems, might be allowed to start their working day earlier or later. This would be an example of reasonable accommodation-restructured job.

Answer 16

False- this would be an example of Adjusting Work Schedules

Question 17

True / False

All relevant medical information requested by the responding commander shall be provided by the employee/applicant within 10 calendar days of the request. Failure to provide requested medical information will result in suspension of the reasonable accommodation process until this information is provided.

Answer 17

False - 21 days

Question 18

True/False

Requests for reasonable accommodation must be submitted by the employee to their Division/Area/Section commander utilizing the CHP 136

Answer 18

False - CHP 163

Question 19

True / False

The complainant who is not satisfied with the results of the EEO counselor’s inquiry (informal complaint process) may file a discrimination complaint with the Division chief within 30 working days from the from the date of receipt of the EEO counselor’s CHP 612B

Answer 19

False - 10 working days

Question 21

10. The EEO Training program for all employees includes the following except:
    a. Equal Employment Opportunity Training for Staff
    b. Diversity Training
    c. Sexual Harassment Training
    d. Academy Equal Employment Opportunity Training

Answer 21

d. Academy Equal Employment Opportunity Training Chapter 1-6

Question 22

11. Employment discrimination, including harassment, based on the following protected groups is prohibited by law (except):
    a. Age (40 and over)
    b. Ancestry
    c. Color
    d. Disability (mental and physical)
    e. Gender, Gender Identity, and Gender Expression
    f. Genetic Information
    g. Marital Status
    h. Medical Condition
    i. Military and Veteran Status
    j. National Origin
    k. Political Affiliation
    l. Race
    m. Religion
    n. Retaliation
    o. Sex
    p. Sexual Orientation
    q. None of the above

Answer 22

q. None of the above Chapter 2-3

Question 23

12. The California Fair Employment and Housing Act (FEHA) and the California Code of Regulations, Title 2, prohibit harassment of employees, applicants, unpaid interns, and persons providing services pursuant to a contract by any persons (except volunteers) and require employers to take all reasonable steps to prevent harassment.
    a. True
    b. False

Answer 23

b. False Chapter 2-3 (volunteers too)

Question 24

13. Harassment is defined as pervasive, persistent, unwelcome conduct which is perpetuated by an individual’s status in a protected group.
    a. True
    b. False

Answer 24

a. True Chapter 2-4

Question 25

14. 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 to a reasonable person. a. True Chapter 2-4 b. False

Answer 25

a. True Chapter 2-4

Question 26

15. Offensive conduct may include, but is not limited to: a. Verbal harassment, e.g., epithets or name calling, offensive jokes, derogatory comments, or slurs. b. Physical harassment, e.g., physical assaults or threats, impeding or blocking movement, or any physical interference with normal work or movement, when directed at an individual. c. Visual forms of harassment, e.g., derogatory posters, cartoons, or drawings. d. Sexual favors, e.g., offering employment benefits in exchange for sexual favors. e. All of the above.

Answer 26

e. All of the above. Chapter 2-4

Question 27

16. An employee who engages in unlawful harassment of a coworker is personally liable for the harassment regardless of whether the employer knew or should have known of the conduct and/or failed to take appropriate corrective action. a. True b. False

Answer 27

a. True Chapter 2-4

Question 28

17. “Gender identity” means each person’s internal understanding of their gender, or the perception of a person’s gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person’s sex assigned at birth, or transgender. a. True b. False

Answer 28

a. True Chapter 2-6

Question 29

18. Military and veteran status includes a perception that a person is a veteran or member of the military or that the person is associated with someone who is a veteran or member of the military. a. True b. False

Answer 29

False

Question 30

19. There are three recognized categories of race: Negroid, Mongoloid, and Caucasoid. Within these three categories, there are approximately 60 ethnic groups. a. True b. False

Answer 30

b. False Chapter 2-8 (approximately 6,000 ethnic groups).

Question 31

20. A supervisor was “openly hostile and resentful” toward an openly gay employee because of his sexual orientation. The supervisor drew some lewd images of an openly gay employee on an office whiteboard and poster depicting his head on the body of a bikini-clad woman and circulated the poster around the office and posted it on Facebook. Would this example be considered harassment based upon sexual orientation? a. Yes b. No

Answer 31

a. Yes Chapter 2-10

Question 32

21. Sexual harassment is a form of sex discrimination under Title VII of the federal Civil Rights Act of 1964, California Fair Employment and Housing Act (FEHA), and California Government Code (GC) Sections 12900 - 12996, they apply to employers with ___ or more employees, including state and local governments. Title VII also applies to employment agencies and labor organizations, including the federal government. a. 1 b. 15 c. 150 d. 1500

Answer 32

b. 15 Chapter 3-3

Question 33

22. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when the conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment. a. True b. False

Answer 33

a. True Chapter 3-3

Question 34

23. Both victim and harasser can be either a woman or man and the victim and harasser can be the same sex. a. True Chapter 3-3 b. False

Answer 34

a. True Chapter 3-3

Question 35

24. It is the policy of the California Highway Patrol (CHP) efforts be made to keep the working environment be free of discrimination, including sexual harassment. a. True b. False

Answer 35

b. False Chapter 3-3 (NOT efforts be made )

Question 36

25. Immediate and appropriate disciplinary action will be taken against those individuals determined to be in violation of HPM 10.12, up to, and including, termination. a. True Chapter 3-3 b. False

Answer 36

a. True Chapter 3-3

Question 37

26. Quid pro quo harassment occurs when, "submission to or rejection of (unwelcome sexual) conduct by an individual is used as the basis for employment decisions affecting that individual," per EEOC guidelines. a. True b. False

Answer 37

a. True Chapter 3-5

Question 38

27. A hostile work environment claim occurs when unwelcome sexual conduct (or claims based upon other protected groups) unreasonably interferes with an individual's job performance or creates an intimidating, hostile, or offensive working environment, even if it does not lead to tangible or economic consequences. a. True Chapter 3-5 b. False

Answer 38

a. True Chapter 3-5

Question 39

28. An employee passed over for promotion for rejecting their supervisor’s sexual advances and also subjected to sexually pervasive and ongoing sexual jokes, improper touching, and sexual innuendo by other workers is an example of: a. Quid pro quo b. Hostile work environment c. Both

Answer 39

c. Both Chapter 3-5

Question 40

29. If the manager or supervisor knows or should have known of such acts (sexual harassment), and fails to take timely and appropriate action the Department may be held liable for the inactions of that manager/supervisor. a. True Chapter 3-5 b. False

Answer 40

a. True Chapter 3-5

Question 41

30. The Department is ___ obligated to ensure the work environment is free of discrimination once a sexual harassment complaint has been filed (formally or informally), prompt, appropriate action must be taken to avoid or minimize the incidence of sexual harassment and potential employer liability. a. Morally b. Legally c. Ethically d. Publically

Answer 41

b. Legally

Question 42

31. Supervisors assure a favorable working atmosphere free from sexual harassment and other discriminatory practices for all employees. a. True b. False

Answer 42

a. True Chapter 3-6

Question 43

32. Employees who feel they are victims of sexual harassment are required to inform the individual their behavior is unwelcome, offensive, in poor taste, or highly inappropriate; as required by departmental policy, federal and state law. a. True b. False

Answer 43

b. False Chapter 3-7 (Not required

Question 44

33. Although the victim does not necessarily have to confront the harasser, the victim must demonstrate in some manner the behavior was unwelcome. a. True b. False

Answer 44

a. True Chapter 3-9

Question 45

34. Equal Employment Opportunity Commission guidelines state, "Title VII serves as a vehicle for vindicating the slights suffered by the hypersensitive." a. True b. False

Answer 45

b. False Chapter 3-10

Question 46

35. While sexual harassment may be manifested in various forms, common examples include making unsolicited written, verbal, physical, and/or visual contact with sexual overtones. a. True b. False

Answer 46

a. True Chapter 3-12

Question 47

36. Asking about one’s sex life, sexual fantasies, preferences, or history could not be sexual harassment. a. True b. False

Answer 47

b. False Chapter 3-12 (Verbal sexual harassment)

Question 48

37. Supervisors and managers ___ have employees initial and sign a CHP 237A, Sexual Harassment Prevention and Discrimination Policy Admonition, during the employee’s annual review or after any training on these policies. a. Should b. Shall c. May d. Must

Answer 48

b. Shall Chapter 3-13

Question 49

38. The CHP 237A is to be retained in the employee’s personnel file for 10 years. a. True b. False

Answer 49

b. False Chapter 3-13 (until separation from state service)

Question 50

39. If an employee feels threatened or has difficulty expressing disapproval, they are encouraged to first seek informal assistance and counseling from an EEO counselor or appropriate supervisory and management personnel. a. True b. False

Answer 50

a. True Chapter 3-14

Question 51

40. For employment purposes, a person with a disability must not necessarily be qualified to perform the essential functions of the position they are seeking, wants to retain, wants to transfer to, or wants to promote to, whether or not a reasonable accommodation is implemented. a. True b. False

Answer 51

b. False Chapter 4-9 (Must be qualified)

Question 52

41. Broken limbs, sprains, concussions, appendicitis, common colds, or influenza generally would not be disabilities. a. True b. False

Answer 52

a. True Chapter 4-9

Question 53

42. The ADA and FEHA provide limited protection from discrimination for recovering drug addicts and alcoholics. a. True b. False

Answer 53

a. True Chapter 4-10

Question 54

43. An individual who is currently engaging in illegal use of drugs is an "individual with a disability" when the employer acts on the basis of this illegal use. a. True b. False

Answer 54

b. False Chapter 4-10 (is not an individual with a disability)

Question 55

44. The Department may prohibit illegal use of drugs and use of alcohol at the workplace. It is not a violation of the law for the Department to give tests for illegal use of drugs. a. True b. False

Answer 55

a. True Chapter 4-10

Question 56

45. The Department may not discriminate against a drug addict who is not currently using drugs and has been rehabilitated. Discrimination is illegal when actions are based on a history of drug addiction. a. True b. False

Answer 56

a. True Chapter 4-11

Question 57

46. The Department is not required or obligated, per Federal law, to ensure that its communications with persons with disabilities are as effective as its communications with others. a. True b. False

Answer 57

b. False Chapter 4-27 (is required)

Question 58

47. May the Department charge a person with a disability for the use of an auxiliary communications aid? a. Yes b. No

Answer 58

b. No Chapter 4-27 (must provide auxiliary aids)

Question 59

48. Reasonable accommodation has been commonly defined as a logical adjustment made to a job and/or the work environment which enables a qualified person with a disability to perform the essential duties of their position. a. True b. False

Answer 59

a. True Chapter 5-3

Question 60

49. Generally, it is the Department’s obligation to request and satisfy a reasonable accommodation for an employee. a. True b. False

Answer 60

b. False Chapter 5-4 (it is the individual with the disability)

Question 61

50. In almost all situations, a completed CHP 163 is considered a medical document because it normally contains information related to physical or mental disabilities. a. True b. False

Answer 61

a. True Chapter 5-5

Question 62

51. Should a disability affect the employee’s ability to complete essential functions of their assigned position, they have the right to request an accommodation to the disability in order to perform the essential functions of the job. a. True b. False

Answer 62

a. True Chapter 5-6

Question 63

52. Employees with mobility impairments, who find it difficult to maneuver during peak periods on public transportation systems, might be allowed to start their working day earlier or later. This would be an example of a reasonable accommodation-restructured job. a. True b. False

Answer 63

b. False Chapter 5-8 (adjusting work schedules)

Question 64

53. All relevant medical information requested by the responding commander shall be provided by the employee/applicant within 10 calendar days of the request. Failure to provide requested medical information will result in suspension of the reasonable accommodation process until this information is provided. a. True b. False

Answer 64

b. False Chapter 5-11 (21 calendar days)

Question 65

54. In addition to having a disability, as defined by state and federal law, and possessing the required skills and education for a position, and before the applicant/employee can be considered a qualified person with a disability, they must not pose a direct threat to the health and safety of themselves or to others when performing the essential functions of the job. a. True b. False

Answer 65

a. True Chapter 5-11

Question 66

55. Requests for reasonable accommodation must be submitted by the employee to their Division/Area/section commander utilizing the CHP 136. a. True b. False

Answer 66

b. False

Question 67

56. The establishment of the internal EEO complaint process does not diminish the Department’s continuing cooperation with designated state and federal agencies in attempts to resolve discrimination complaints filed with those agencies. (1) The designated state agencies include the Department of Fair Employment and Housing (DFEH) and the Department of Industrial Relations (DIR). (2) The designated federal agencies include the Equal Employment Opportunity Commission (EEOC) and the Department of Labor. a. True b. False

Answer 67

a. True Chapter 6-4

Question 68

57. For a formal EEO complaint, an impartial, trained, EEO investigator will be assigned to the complaint within five working days of receipt of complaint. a. True b. False

Answer 68

a. True Chapter 6-7

Question 69

58. California State Department of Fair Employment and Housing: complaint must be filed within 365 days of the last incident or notification of alleged discriminatory act(s). a. True b. False

Answer 69

a. True Chapter 6-15

Question 70

59. California Department of Industrial Relations: complaints must be filed within 180 days after the occurrence of the alleged discriminatory and/or retaliatory action (with exceptions). a. True b. False

Answer 70

a. True Chapter 6-15

Question 71

60. For an internal-informal complain, the complainant has 11 months from the last incident to contact an EEO counselor regarding discrimination-related issues. a. True b. False

Answer 71

a. True Chapter 6-16

Question 72

61. The complainant who is not satisfied with the results of the EEO counselor’s inquiry (informal level complaint process) may file a discrimination complaint with the Division chief (formal level complaint process) within 30 working days from the date of receipt of the EEO counselor’s CHP 612B. a. True b. False

Answer 72

b. False Chapter 6-20 (10 working days)

Question 73

62. In accordance with EEOC, retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because they engaged in a protected activity. a. True b. False

Answer 73

a. True Chapter 8-4

Question 74

63. Penal Code Section 13519.4(e) defines racial profiling as: “the practice of detaining a suspect based on a broad set of criteria which casts suspicion on an entire class of people without any individualized suspicion on the particular person being stopped.” a. True b. False

Answer 74

a. True Chapter 9-4

Question 75

2. ___________________are responsible and accountable to the appropriate Division Chief for personnel practices consistent with the Department’s OEEO. 1. Middle managers/Supervisors 2. Area Captain/Lieutenant 3. The Division Special Services Commander 4. None of the above

Answer 75

2. Area Captain/Lieutenant

Question 76

3. Can an employee with a mobility impairment who finds it difficult to maneuver during peak periods on public transportation request to be allowed to start their shift earlier or later? 1. No, shift times are the same for all uniformed and non-uniformed personnel. 2. Yes, upon approval by the Department’s OEEO 3. Yes, this is an example of a reasonable accommodation 4. No, transportation to work is not a Department responsibility

Answer 76

3. Yes, this is an example of a reasonable accommodation

Question 77

4. It is the policy of this state that a department, agency, or commission shall make a ___________________to the known physical or mental limitations of an otherwise qualified applicant. 1. Reasonable accommodation 2. Modified work plan 3. Modified task requirement 4. None of the above

Answer 77

1. Reasonable accommodation

Question 78

5. Based on a policy of no age discrimination, the CHP will hire an applicant for cadet regardless of age. 1. True 2. False

Answer 78

2. False

Question 79

6. _______________________ disciplinary action will be taken against those individuals determined to be in violation of the CHP Policy which states that the working environment will be free of discrimination including sexual harassment. 1. Appropriate 2. Immediate 3. Immediate and appropriate 4. None of the above

Answer 79

3. Immediate and appropriate

Question 80

7. Once a sexual harassment complaint has been filed, the Department is _____________________ to ensure that the working environment is free of discrimination. 1. Required 2. Liable and must investigate 3. Legally obligated 4. None of the above

Answer 80

3. Legally obligated

Question 81

8. An EEO Investigator______________ than the alleged discriminatory employee. 1. Shall be one rank or higher 2. Should be same rank or higher 3. Shall be assigned from the same division 4. None of the above

Answer 81

1. Shall be one rank or higher

Question 82

9. Copies of discrimination complaints shall be retained by EEOU for a period of ____ years from the date the complaint was resolved or closed. 1. 1 2. 3 or until the civil case is adjudicated 3. 5 4. 10

Answer 82

3. 5

Question 83

10. A Commander shall render a decision within ____________after a CHP 163 (reasonable accommodation request) is submitted. 1. 30 days 2. 20 days 3. 10 days 4. 72 hrs

Answer 83

3. 10 days