10.12

Question 1

The authority for coordinating, monitoring, evaluating, and reporting on EEO activities has been assigned to _______________

Answer 1

the Department’s Office of Equal Employment Opportunity (OEEO). HPM 10.12 Ch1

Question 2

The following is a complete list of groups protected by law against employment discrimination, including harassment:

Answer 2

Age (40 and above); Ancestry; Color; Disability (physical and mental, including HIV and AIDS); Gender, Gender Identity, and Gender Expression; Genetic Information; Marital Status; Medical Condition (cancer and genetic characteristics); Military and Veteran Status; National Origin (includes language use restrictions); Political Affiliation; Race; Religion (includes religious dress and grooming practices); Retaliation; Sex (includes pregnancy, childbirth, breastfeeding, related medical conditions, and sexual harassment); and Sexual Orientation. HPM 10.12 2-3

Question 3

Harassment is defined as conduct which is ________, _________, ________ conduct perpetuated by an individual’s status in a protected group. 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 hostile, intimidating, or abusive; as measured by the_______________.

Answer 3

pervasive, persistent, unwelcome / reasonable person standard. HPM 10.12 2-4

Question 4

Sexual harassment is defined as unsolicited and unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature which occur when:

Answer 4

Submission is made either explicitly or implicitly as a term or condition of employment
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such employee
(HPM 10.12 3-4)

Question 5

Courts have recognized two types of sexual harassment under federal and state law. These include ______ and ______.

Answer 5

quid pro quo (this for that)/ hostile work environment (HPM 10.12 3-5)

Question 6

If the manager or supervisor knows or should have known of such acts, and fails to take timely and
appropriate action the Department ______ held liable for the inactions of that manager/supervisor.

Answer 6

may be (HPM 10.12, 3-5/6)

Question 7

This section provides that supervisors (including managers) shall receive sexual harassment prevention training within ________ of their promotion and _________ thereafter.

Answer 7

six months / every two years (HPM 10.12, 3-7)

Question 8

Employees who feel they are victims of sexual harassment are encouraged to inform the individual their behavior is unwelcome, offensive, in poor taste, or highly inappropriate; however, victims are/are not required to do so by departmental policy, or federal or state law.

Answer 8

Are not (HPM 10.12 3-7)

Question 9

In order for conduct to be determined to have created an intimidating, hostile, or offensive work environment based on sexual harassment , the following three criteria must exist:

Answer 9

(1) The behavior in question must be of a sexual nature.
(2) The behavior must be unwelcome.
(3) The behavior must be severe or pervasive enough to create a hostile, intimidating, or offensive work environment. HPM 10.12 3-8 /3-9

Question 10

Can a third party file a complaint of sexual harassment if the sexual behavior is not directed towards them?

Answer 10

Yes. It may be based off of a hostile environment HPM 10.12 3-11
For example, a third party who is present and is indirectly subjected to sexual behavior, such as seeing inappropriate touching or sexual items, or hearing jokes of a sexual nature directed towards another employee, may lodge a complaint of sexual harassment based on hostile environment.

Question 11

For the purposes of participation in the Department’s Persons with Disabilities Program, as well as entitlement to reasonable accommodation, a person with a disability is someone who?

Answer 11

a. Has a physical or mental impairment which limits one or more of that person’s major life activities.
b. “Has a record of or history of” such impairment means that person has a history of, or has been classified as, having a physical or mental impairment that limits one or more major life activities.
c. “Is regarded as having” such an impairment as identified below:
1. A major physical or mental impairment which does not limit a major life activity, but is being treated by an employer as having such an impairment.
2. A physical or mental impairment which limits major life activities as a result of the attitudes of others towards such impairments.
3. Not having an impairment but being treated by an employer as having an impairment. This includes individuals who may be discriminated against because of their association with a person with a disability. (HPM 10.12, 4-7/8)

Question 12

Time Frames and Basis for Externally-Filed Discrimination Complaints. If a complainant believes they have been discriminated against, they may elect to bypass the Department’s internal discrimination complaint process and may file with:

Answer 12

Federal EEOC within: 300 days
Dept of Labor within: 180 days
CA Dept of Fair Labor and Housing: 365 days
CA Dept of Industrial Relations: 180 days (HPM 10.12 6-14/4-15)
(complaints alleging retaliation against victims of domestic violence or sexual assault must be filed within one year of the alleged violation, and complaints of discrimination for being paid less than an employee of the opposite sex doing the same work (Labor Code Section 1197.5), must be filed within two years of the alleged violation. (HPM 10.12 6-15))

Question 13

In accordance with CalHR policy, if a question of discrimination arises during a grievance review, the grievance process will terminate and the issues related to EEO will be referred to the _____ _____ _____.

Answer 13

discrimination complaint process (HPM 10.12 6-15)

Question 14

The departmental internal discrimination complaint process is available to departmental employees, including cadets, and contains two distinct levels?

Answer 14

The Informal level and the Formal level HPM 10.12 Ch.6-16

Question 15

Informal Level (Counseling). The complainant has __________ months from the last incident to contact an EEO counselor regarding discrimination-related issues.

Answer 15

11 months HPM 10.12 6-16

Question 16

Formal Level (Investigation). The complainant who is not satisfied with the results of the EEO counselor’s inquiry may file a discrimination complaint with the Division chief within __________ days from the date of receipt of the EEO counselor’s CHP 612B.

Answer 16

ten working HPM 10.12 6-20
A complainant who is not satisfied with the Division chief’s Letter of Determination may file an appeal via a CHP 612A with the appropriate Assistant Commissioner, in care of the OEEO commander within ten working days from the date of receipt of the letter. 6-22

Question 17

To establish a prima facie case of retaliation, an employee must show:

Answer 17

(1) Employee engaged in a protected activity;
(2) The employer subjected employee to an “adverse action;” and,
(3) A causal link exists between the protected activity and the adverse action.
(HPM 10.12 8-3).