HPM 10.12a Flashcards

1
Q

What does Title VII of the Civil Rights Act of 1964 the California Fair Employment and Housing Act mandate?

A

It ensures equal opportunity for applicants and existing employees at all levels in testing, hiring, training, promotion and other benefits and privileges of employment.

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2
Q

The CHP’s policy is the provide equal employment for all persons without regard to what?

A

Race, color , religion, national origin, ancestry, age, sex (included sexual harassment), physical or mental disability, political affiliation/opinion, marital status, sexual orientation, or medical condition.

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3
Q

Who has been assigned for coordinating, monitoring, evaluating and reporting on EEO activities?

A

The Department’s Office of Equal employment Opportunity (OEEO) commander.

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4
Q

Who does the OEEO report to?

A

Indirectly to the Commissioner of the CHP through the Departmental Affairs Division.

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5
Q

What are the responsibilities of the OEEO commander?

A

They include general development of the EEO program and it specific approaches, providing related assistance to Departmental staff, monitoring and evaluating performance and progress in carrying out an achieving the objectives of the program, and preparing recommendations to the Commissioner of appropriate actions.

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6
Q

Who has the responsibility to provide a climate of support for the Department’s EEO policy?

A

All employees.

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7
Q

What is the long-range goal of the EEO program?

A

To achieve a workforce that is representative of the state’s relevant labor force in all occupations and at all levels.

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8
Q

What is the EEO program responsibility for middle managers and supervisors?

A

They are responsible and accountable to the appropriate division chief for personnel practices consistent with the Departments EEO Program.

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9
Q

What is the Office of Equal Employment Opportunity’s program responsibilities?

A

It (OEEO) is responsible for advising, negotiating and consulting with the Commissioner.

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10
Q

The Upward Mobility Program is committed to upward mobility and to the support of employees’ efforts in their preparation to compete for better paying jobs, where?

A

Within the Department.

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11
Q

What is the definition of upward mobility?

A

It is the movement from low-paying classifications with minimal career opportunities into higher paying classifications within the Department that have broader career opportunities.

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12
Q

What is the goal of the upward mobility program?

A

To ensure employees in identified low-paying, limited opportunity classifications have equal access to upward mobility opportunities.

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13
Q

Does the Department submit annual upward mobility goals to the State Personnel Board?

A

Yes.

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14
Q

How does an employee participate in the Departmental Upward Mobility Program?

A

They must be in an identified “low paying occupation.” The employee must complete an Upward Mobility Career Plan, CHP 5OB, and submit it to a supervisor for approval. The job classification for which the employee wishes to target must be one used by the Department and one where the employee requires departmental assistance to acquire the “minimum qualification.”

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15
Q

How many copies of the CHP 5OB must be prepared?

A

An original and 2 copies.

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16
Q

What happens if the plan is disapproved?

A

The original will be returned, through channels to the employee with an explanation and the immediate supervisor shall review the reasons for the disapproval with the employee.

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17
Q

What manual describes the programs and services, which may be considered in conjunction with an approved Upward Mobility program?

A

Departmental Training Program, HPM 7O.13.

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18
Q

If an Upward Mobility Plan is terminated for any reason it shall be forwarded through the appropriate division to Equal Employment Opportunity Unit within how many days of termination?

A

3O

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19
Q

What is the SPB Report 51O2?

A

Ethnic, Sex, and Disabled Profile of Employees my Major Occupation Group and Classification.

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20
Q

What is the SPB Report 5112?

A

Intake and Promotion of All Employees by Occupation Group and Classification.

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21
Q

What are Sections 729O-7299.8 of the Government Code?

A

The California Bilingual Act.

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22
Q

What is it?

A

The Act makes it Compulsory for state departments to conduct language surveys every 2 years and to hire bilingual persons for positions involved in furnishing information or rendering services to the public.

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23
Q

What is the intent of the California Bilingual Act?

A

To eliminate language barriers in state agencies which provide services to the public.

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24
Q

What is the bilingual salary program?

A

It provides compensation to those employees that use bilingual skills that, on a continuing basis, average 1O% of the employees work time.

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25
Q

The Department’s Persons with Disabilities Program was initiated with what Federal Act?

A

Rehabilitation act of 1973.

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26
Q

What did the Department’s Persons with Disabilities Program do?

A

It implemented affirmation action to hire persons with disabilities and to prohibit discrimination against any qualified individual with a disability in any of its programs or activities.

27
Q

During June 1999, the US Supreme Court narrowed the ADA’s definition of disability as what?

A

A condition which “substantially limits” a major life activity.

28
Q

Who is the OPI for EEO program?

A

Office of Internal Affairs (OIA).

29
Q

The Department’s Persons with Disabilities Program has 2 major objectives, what are they?

A

To reach, attract and employ qualified persons with Disabilities into the Department at a level commensurate with their representation in the California work force. To ensure that all qualified individuals with physical and/or mental impairments have access to any programs, services, and/or activities under the jurisdiction of the Department for which they are eligible.

30
Q

What is the State Return-to-Work Policy?

A

Supervisors and managers are required to make every effort, including the provision of reasonable accommodation, to enable employees with disabilities to return to work.

31
Q

What is the Departments definition of a person with a disability?

A

A person with a disability is someone who has a physical or mental impairment, which limits one or more of that persons major life activities; has a record of such impairment or is regarded as having such an impairment.

32
Q

According to the Department, the ADA and the FEHA, is discrimination allowed against a recovering drug addict or alcoholics?

A

No, limited protection from discrimination is allowed.

33
Q

In a lawsuit against the State for noncompliance of the ADA, are punitive damages awarded?

A

No, not against the federal, state or local governments.

34
Q

What is the policy of the Department regarding “reasonable accommodation” for a person with physical and/or mental disabilities?

A

The Department’s policy is that unless it can be demonstrated that the accommodation would impose an undue hardship on the operation of departmental programs or if it can be shown that the person would pose a direct threat to the health or safety of the individual or others.

35
Q

If a reasonable accommodation request is denied and the applicant is not satisfied with the commander’s reply, how long does the applicant have to appeal?

A

1O working days and the appeal shall be made to the Commissioners Office.

36
Q

Is an alternate job placement or reassignment to a vacant position a reasonable accommodation?

A

Yes.

37
Q

The CHP 163 is what form?

A

Reasonable Accommodation Request.

38
Q

Does federal and State law prohibit the Department from making inquiries into an applicant’s medical status/history prior to making a conditional offer of employment?

A

Yes.

39
Q

What pre-employment (prior to making an offer of employment) inquiries about disability is the Department allowed to ask?

A

May ask questions about an applicant’s ability to perform the specific functions of the job. May make a job offer that is conditioned on satisfactory results of a post-offer medical examination.

40
Q

After making a conditional offer of employment and before an individual starts work, what questions may be asked?

A

The Department may conduct a medical examination or ask health related questions.

41
Q

What is the LEAP program?

A

Limited Examination and Appointment Program.

42
Q

What is the purpose of the LEAP program?

A

It was to provide a means of minimizing the obstacles to employment for persons with disabilities that frequently occurred in the traditional selection process. It also provided an alternative method of assessing the qualifications and skills of job applicants with disabilities.

43
Q

What disabilities must a person have for eligibility in LEAP?

A

Visual, hearing, speech, physical or developmental disabilities.

44
Q

When a vacancy for a LEAP position is considered, the manager/supervisor must contact whom?

A

The Department’s Personnel Services Section (PSS) within Personnel Services Division (PSD).

45
Q

When interviewing a LEAP candidate, it ok to directly refer to or ask questions about the candidate’s disability?

A

No, should not.

46
Q

What does the Advisory Committee for Persons with Disabilities (ACPD)?

A

Advises the Commissioner on the implementation of the Americans with disabilities Act and the Rehabilitation Act of 1973.

47
Q

If a citizen requests a departmental brochure regarding child safety seats but indicates that, he/she is visually impaired and would like it in an alternate format, would it be the responsibility of the Department to provide it in an alternate format?

A

Yes.

48
Q

What is sexual harassment defined as?

A

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

49
Q

In order for conduct to be determined to have created an intimidating, hostile, or offensive work environment, three criteria must exist. What are they?

A

The behavior in question must be of a sexual nature. The behavior must be unwelcome. The behavior must be severe and/or pervasive enough to create a hostile, intimidating or offensive work environment.

50
Q

Who is the final level of appeal for the Department’s internal discrimination complaint process?

A

State Personnel Board.

51
Q

Pursuant to the Government Code, allegation of discrimination in adverse actions must be submitted to the SPB not later than how many calendar days, after service of the Notice of Adverse Action?

A

3O

52
Q

Pursuant to the Government Code, allegation of discrimination in rejections during probation must be submitted to the SPB not later than, how many calendar days, after the effective date of rejection?

A

15

53
Q

Can a complainant file concurrent complaints with EEOC, DFEH, and SPB or with the court?

A

Yes.

54
Q

An EEO Counselor shall attend recertification training how often?

A

At least once every 24 months.

55
Q

An EEO Investigator shall be at least how many ranks higher then any alleged discriminatory employee?

A

1

56
Q

How often shall an EEO Investigator attend recertification training?

A

At least once every 24 months.

57
Q

How long does a complainant have from the last discrimination incident to contact an EEO Counselor regarding discrimination-related issues?

A

11 months.

58
Q

How many years do the appointed members of the Department’s EEO advisory committee serve?

A

2 fiscal year terms.

59
Q

A formal complaint is in the internal or external process where an investigation is conducted by whom?

A

An EEO Investigator.

60
Q

An informal complaint is in the internal process where an employee seeks advice from whom?

A

An EEO Counselor.

61
Q

Whom shall an EEO Counselor report directly to?

A

The Division Chief - while conducting the investigation.

62
Q

How long shall copies of discrimination complaint investigations be retained by division?

A

5 years from the date the complaint was closed.

63
Q

Whom shall an EEO Investigator report directly to?

A

The Division Chief - while conducting the investigation.

64
Q

If any allegation could result in an adverse action, what must be observed to maintain the peace officers rights?

A

POBR.