Because of the tremendous importance of a workplace free from harassment, this handbook shall be reviewed regularly by each supervisor with his personnel. Additionally, during each employees annual ________ _________, shall be fully discussed.
Performance evaluation.
OED’s (diversity) mission is twofold: (2)
- To provide continuous training to all dept members to increase awareness of our culturally diverse community and department to reduce complaints of harassment, discrimination and biased based policing issues
AND
- To provide objective, thorough and confidential investigations of those complaints that do arise.
* will accomplish this mission by developing, implementing and conducting training for all dept personnel at all ranks in harassment/discrimination issues.
OED will conduct all ____ investigations to complaints based on race, religion, sex, national origin, color, age, disability, sex orientation, political affiliation or veteran status.
Internal
*Internal Affairs handles all EXTERNAL
Supervisors responsibility:
To enforce dept policy. Conduct regular reviews with employees to ensure they understand their obligations under the policy, as well as set proper example at all times.
Supervisors who act _______ and ________ in dealing with behavior that could result in ANY allegations of harassment/discrimination will send strong message that it will not be tolerated.
Professionally and decisively
- supervisors must stop offensive behavior before it becomes PERVASIVE or SEVERE, regardless of subordinates chain of command.
Preventing complaints, supervisors shall: (6)
- INSIST - that all employees be treated with dignity and fairness
- MONITOR - work environment daily for signs of harassment and/or discrimination
- REFRAIN - from encouraging or participating in acts that could be perceived as harassment and/or discrimination
- COUNSEL - employees on prohibited behavior
- STOP - any acts that may be considered harassment and take steps to intervene even if the employees involved are not under his/her supervision
- REPORT - all complaints of harassment/discrimination to the OED, whether witnessed or reported, formally or informally.
Supervisors report all complaints of harassment/discrimination to __________, whether witnessed or reported, formally or informally.
Office of Employment Diversity(OED)
Will complaints of harassment/discrimination be accepted from any source?
Yes.
*in person, by mail, email, phone or anonymous.
Complaints of harassment/discrimination can be received by any of four parties: (4)
- Any supervisor
- Director of OED/designee
- Captain of personnel
- Captain of professional standards.
- all complaints reviewed by director of OED
In accordance with policy 5/101.24, supervisors SHALL: (4)
ACT IMMEDIATELY - on all complaints, even if minimized
ENSURE - employee understands complaint policy
CONTACT - OED w/ documenting, filing written complaint
ASSIST - employee w/ documenting a filing written complaint
Investigating complaints:
All harassment/discrimination complaint investigations should be completed within ___ days.
45
- regardless of how complaint investigated.
- can be resolved by formal investigations or through alternate forms of resolution, including mediation.
- identity of participants only revealed on need to know basis. Confidentiality will be maintained.
Bureau level investigations:
Investigations that are ____ complex can be referred to bureau level for investigation. If a supervisor investigates one of these cases, it is important to document each step taken during investigation as well as all facts learned throughout beginning to end.
Not
- supervisors actions are evidence of action taken by department to correct inappropriate behavior and prevent future incidents. This will become INVALUABLE should liability become an issue.
Bureau level investigations:
Supervisors Shall: (5)
COORDINATE- through OED
DOCUMENT- incident and results of fact-finding investigation through investigative report
TAKE REMEDIAL ACTION- to eradicate and prevent further occurrences of discrim/harass
COUNSEL- employees on inappropriate behavior
IDENTIFY- course of action with complainant to follow up WITH assistance from OED
*regardless of avenue of investigations will be coordinated through OED
Prima facie case of retaliation exists when the complainant shows:
- They made a reasonable and good faith complaint of harass/discrim
OR assisted another in making a reasonable and good faith complaint of harass/discrim
OR participated in investigation
- Thereafter was subjected by the employer to ADVERSE EMPLOYMENT
AND
- A CASUAL LINK exists between 1 and 2
Recognizing when certain elements may be present in the workplace is ________ for supervisors.
Critical
The theory creating automatic liability for an employer is known as _________ _________.
Respondent Superior
- meaning employer is responsible for the acts of its employees
- since supervisory personnel have the power to hire, fire, reward and punish…their sexual advances to their employees are abuses of power
- Liability is NOT limited to the abuse of power between supervisor and subordinate nor to the actions of co-workers.
- Agency may be liable if employees or supervisors knew OR should have known and failed to take appropriate action (which is why you report EVERYTHING)
Are protections from retaliation extended to Age Discrimination act, Americans with disabilities act and the Equal pay act?
Yes. (Duh)
- Title VII contains a “participation” clause as well as a “Opposition” clause.
- Cannot retaliate if you participate in an investigation or if you oppose any practice which is made unlawful by Title VII (Duh)
The well established ________ clause was intended to provide “exceptionally broad protection” for protestors of discriminatory employment practices. The effective enforcement of Title VII depends in very large part on the initiative of individuals to oppose employment practices which are reasonably believed to be unlawful and made in good faith.
Participation Clause
*If people were not protected, nobody would speak up and shit would run rampant.
Can an allegation of retaliation occur when a complaint is being investigated or after a determination has been rendered that is either sustained or not sustained?
Yes.
- So retaliation can occur during or after, no matter the decision.
- Supervisors should monitor to ensure it is not happening.
Does direct, circumstantial and statistical evidence support a prima facie discrimination case?
Yes.
- Results from a complaint that appears true, valid or sufficient AT FIRST IMPRESSION.
- Existence of a good faith defense may defeat the claim(not clue what TF this means)
If discrimination occurs, is the complainant entitled to a remedy that places them in a position they would have been in if the discrimination had never occurred? including hiring, reassignment, reinstatement, promotion, back pay or other remuneration?
Yes.
- Also entitled to damages to compensate for loss or suffering due to discriminatory act.
- Punititve damages are only available if employer engaged in discrimination with malice or reckless indifference to protected rights. This does NOT apply to government employer.
(Punitive is extra ass beating to employer in money to complainant for being stupid)
Historically has the EEOC taken the position that QUID PRO QUO(this for that) harassments ALWAYS result in strict liability to the employer, regardless of whether the employer knew the harassment was occurring and despite the existence of prohibitive policy statement, proper complaint procedure, extensive training or general atmosphere of disapproval?
Yes
- So pretty much employer is fucked on all Quid Pro Quo harassment cases cause WTF else are they supposed to do to prevent?
- Seem to be clear cut for whatever reason.
Is there a tendency with the courts and EEOC to hold supervisors to a higher standard?
Yes.
*You’re an idiot for testing for this nonsense.
Certain principles are applied in assessing liability: (3)
- Whether or not LVMPD had notice of the harassment through an actual complaint, or under circumstances, in which the department SHOULD HAVE KNOWN harassment was occurring.
- What the department does about the sexual harassing activity once it comes to their attention
- Whether or not the department has developed and communicated a strong policy prohibiting sexual harassment and has provided an effective procedure for bringing harassment concerns to the employers attention.
* SUPERVISORS WILL ADDRESS ALL FORMS OF HARASSING BEHAVIOR THAT SUBJECT ANY EMPLOYEES TO A HOSTILE, OFFENSIVE OR INTIMIDATING WORK ENVIRONMENT. (duh)
