HPM 10.12 Flashcards by Dave Hernandez

Who does the EEO policy in this manual apply to?

10.12

All applicants and employees, CHP contractors, volunteers, students, and interns in the workplace

The policy extends to conduct connected to an employee’s work, even off premises.

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What must employees acknowledge upon hire and annually thereafter? EEO

Review and understanding of Chapters 4, 8, and 5 of the manual using the CHP 237A form

Chapters include Sexual Harassment and Abusive Conduct Prevention, Disability Services Program, and Discrimination, Harassment, and Retaliation Complaint Process.

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What is the role of the Deputy Commissioner in EEO?

EEO

Reviews discrimination complaints and accommodations, authorizes additional action, and is the final level of review for appeals

The Deputy Commissioner renders final decisions for internally filed discrimination complaint appeals.

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Who appoints the EEO Officer?

The Commissioner

The EEO Officer may receive functional direction from the Deputy Commissioner.

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What are managers and supervisors responsible for regarding EEO policies?

Familiarity with EEO policies, disseminating information, and engaging in the interactive process regarding accommodations

They must support and facilitate the Department’s EEO policy.

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What are employees responsible for in relation to EEO policies?

Ensuring conduct adheres to EEO Program policies and promptly reporting any EEO violation

Violations should be reported to a supervisor or an EEO counselor.

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What are some protected characteristics under employment discrimination laws?

Age (40 and over)
Ancestry
Color
Disability (mental and physical)
Gender
Gender Expression
Gender Identity
Genetic Information
Marital Status
Medical Condition
Military and Veteran Status
National Origin
Race
Religion
Reproductive Health Decision-making
Sex
Sexual Orientation

This list is not exhaustive.

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What constitutes protected activities?

Reporting or filing a complaint about discrimination
Participating in investigations
Refusing to obey discriminatory orders
Resisting harassment
Requesting accommodations
Taking protected leave
Off-duty lawful cannabis use

The list is not exhaustive.

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What does the Americans with Disabilities Act emphasize?

Broad coverage of persons with a disability

The definition of disability should not require extensive analysis.

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Define ‘Direct Threat’ as per Civil Rights Department.

10.12

A significant risk to health or safety that cannot be eliminated by modifications or provisions

This definition is crucial for assessing reasonable accommodations.

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What are ‘Essential Functions’ in a job?

Fundamental job duties that do not include marginal functions

Marginal functions may be eliminated as a reasonable accommodation.

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What is the ‘Interactive Process’? EEO

A series of communications between the Department and the individual to determine reasonable accommodation

This process should be timely and conducted in good faith.

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What actions are prohibited by the Department’s policy? EEO

Workplace behavior perceived as discrimination or harassment and retaliation against individuals for opposing such practices

Disciplinary action will be taken against violators.

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What is the definition of discrimination under GC Section 12940(a)?

Unequal treatment based on an employee’s or applicant’s protected characteristic

This includes perceived characteristics and association with individuals who have them.

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What is required to establish a prima facie case of disparate treatment?

10.12

Qualification for the position
More favorable treatment of similarly situated individuals
Adverse employment action
Protected characteristic as a substantial motivating factor
Harm caused
Adverse decision a substantial factor in causing harm

Example: Higher pay for men than women for the same job.

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What must be proven for a prima facie case of disparate impact?

10.12

Subjected to a disproportionate employment practice
Harm caused
Employment practice as a substantial factor in causing harm

Example: Requiring an oral exam that adversely affects candidates with disabilities.

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List the requirements to establish a prima facie case of harassment.

Protected status as a substantial motivating factor
Unwelcome conduct
Conduct was subjectively and objectively offensive
Conduct was severe or pervasive
A reasonable person would find the environment hostile
Conduct altered working conditions
Employee was harmed
Conduct was a substantial factor in causing harm
Supervisor knew or should have known and failed to act

It is not necessary to confront the harasser directly.

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What does the Reasonable Person Standard refer to?

A standard for determining if conduct can be considered harassment

Petty slights and isolated incidents may not rise to the level of harassment.

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What is required to establish a prima facie case of retaliation?

Covered by EEO policy
Engaged in protected activity
Adverse employment action taken
Protected activity was a substantial motivating reason
Harm caused
Adverse action was a substantial factor in causing harm

Close associations with individuals engaged in protected activities are also protected.

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What is the Department’s stance on sexual harassment?

Prohibits sexual harassment by any employee against any individual

This includes conduct that occurs off premises or through social media.

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What should employees do if they experience harassment?

Speak directly to the perpetrator or seek informal assistance from supervisors or EEO counselors

Reporting will not result in reprisal.

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What responsibilities do managers and supervisors have regarding harassment?

Act professionally and maintain a discrimination-free environment
Lead by example
Take reasonable steps to ensure a respectful workplace

They are responsible for preventing and addressing harassment.

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What is the responsibility of managers and supervisors regarding workplace conduct?

10.12

Act professionally, maintain a work environment free from discrimination and harassment, and lead by example

This includes ensuring employees receive training and access to policies.

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What immediate actions should be taken when a sexual harassment allegation is made?

Notify through the chain of command
Protect employees from retaliation
Provide the employee with the CHP 613 pamphlet
Notify of rights to file a complaint
Recommend Employee Assistance Program
Consult with EOAS
Monitor the workplace

These actions help ensure a proper response to allegations.

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What does abusive conduct include? 10.12

1. Verbal abuse (derogatory remarks, insults) 2. Threatening or intimidating behavior 3. Sabotage of work performance ## Footnote A single act is not considered abusive unless especially severe.

How often must supervisory employees complete sexual harassment training?

Every two years, with initial training within six months of assuming a supervisory position ## Footnote This is mandated by Section 12950.1(a)(2) GC.

What is the purpose of the EEO Counselor?

To provide an open channel for employees to raise questions, discuss concerns, and obtain informal resolutions ## Footnote EEO Counselors are not to investigate or suggest remedies.

What is the time limit for a complainant to contact an EEO Counselor?

Three years from the last incident ## Footnote This applies to discrimination, harassment, and retaliation issues.

What documentation is required from an EEO Counselor during the informal complaint process?

CHP 612B, Informal Discrimination Complaint ## Footnote This includes initial meetings and follow-up with the complainant.

What is the role of the EEO Investigator?

To gather evidence and present facts without making final decisions on complaints ## Footnote Investigators must be impartial and may use lower-ranked personnel for assistance.

What can a complainant do if dissatisfied with the Division Commander’s Letter of Determination?

File an appeal via CHP 612A, Discrimination Complaint Appeal ## Footnote This must be done within ten working days of receiving the LOD.

True or False: EEO Counselors guarantee anonymity for complainants at all levels.

False ## Footnote Anonymity is only guaranteed at the informal level; it cannot be assured at the formal level.

What must happen when an external discrimination complaint is filed?

The state or federal compliance agency notifies the Department, and the complaint is processed by the EOAS ## Footnote This applies to complaints from employees, former employees, and others.

Fill in the blank: All employees must complete sexual harassment prevention training every _______.

two years ## Footnote This training is mandated for all employees.

What actions are prohibited against individuals involved in the investigative process?

Retaliation against complainants, respondents, or witnesses ## Footnote Retaliation may result in adverse action.

What should an employee do if they experience sexual harassment?

Report to a supervisor, manager, or EEO counselor immediately ## Footnote Employees should report without fear of reprisal.

What is the definition of abusive conduct?

Conduct with malice that a reasonable person would find hostile, offensive, and unrelated to legitimate business interests ## Footnote It includes behaviors like verbal abuse and intimidation.

What is the role of the Area Commander in the EEO training process?

Ensure EEO training material is presented quarterly and support the EEO Counselor program ## Footnote They must also ensure a suitable location for discussing complaints.

What is the role of the Equal Employment Opportunity Officer?

The EEO Officer transmits the complaint to the affected Division Commander for the selection and assignment of a trained EEO Investigator.

What must a Division Commander do upon receiving a complaint from the EEO Officer?

Assign a trained EEO Investigator and Division contact person within five working days.

What is the timeframe for a Division Commander to notify affected parties of a complaint? EEO

Notify the affected commander and, if applicable, the named respondent(s) of the complaint within five working days.

What should a Division Commander do when information is obtained during an investigation that warrants consultation?

Contact the EOAS for consultation or advice.

What documents must be forwarded to the EOAS after an investigation?

The approved investigation, Memorandum of Finding (MOF), and LOD, when appropriate.

What is the deadline for forwarding investigation documents to the EOAS?

Within ten working days from the date of receipt from the EEO Investigator.

List the external agencies where complaints can be filed.

* Equal Employment Opportunity Commission - Federal * Department of Labor - Federal * Civil Rights Department – State of California * Department of Industrial Relations – State of California * State Personnel Board – State of California

Who is required to receive EEO Investigator training?

All uniformed employees at the rank of lieutenant and above.

What is the role of an EEO Counselor?

To assist an employee in determining whether their complaint is based on protected characteristics and to promote early resolution.

What training must EEO Investigators undergo?

They must be trained as neutral fact finders and in conducting investigations of formal discrimination complaints.

How often must EEO Counselors and EEO Investigators attend recertification training?

At least once every 24 months.

What happens if an EEO Counselor or Investigator does not attend recertification training?

They will be temporarily decertified.

True or False: An employee may bring discrimination to a supervisor’s attention without filing a formal complaint.

True.

What is the timeframe for completing EOAS investigations?

Investigations shall be completed and submitted to the EOAS within 60 calendar days.

What must the primary EEO investigator be?

A certified EEO investigator.

What should be done if an employee separates from the Department during an investigation?

The investigation shall be completed in its entirety.

What should a complainant be advised about during the investigation process?

Their right to be free from retaliation and the outcome of the investigation.

What is the function of the Memorandum of Findings (MOF)?

It outlines the conclusion of the investigation and is served to the respondent(s).

If a respondent is exonerated, where is the MOF filed?

In the EEO investigation file.

For how long must EEO investigation documents be retained?

Three years from the date of service.

What is prohibited before making a conditional offer of employment?

Inquiries into a person’s medical status/history.

How long must LEAP documents be retained?

Five years.

What must commanders ensure regarding accommodation requests?

They must convey a commitment to a timely, good faith, interactive process.

What form must an applicant or employee complete for a reasonable accommodation?

CHP 163, Accommodation Request.

What is the time limit for submitting medical information after the EOAS's request?

21 calendar days.

What must happen if an accommodation request requires purchasing equipment?

The command shall work directly with the EOAS as the OPI to purchase authorized equipment.

What should be done if an applicant requires an accommodation for an interview?

Allow the applicant to reschedule the interview.

What is the procedure if a reasonable accommodation request is denied?

The applicant or employee may appeal in writing within 5 working days.

What must be retained in the employee’s confidential medical file?

A copy of the CHP 163 and supporting documentation.

HPM 10.12 Flashcards

(67 cards)