3.05.04 Anti-Discrimination and Harassment Policy
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Questions and Answers

Under Salt Lake City Corporation's Anti-Discrimination and Harassment policy, which scenario would be considered a violation?

  • Providing a negative performance evaluation to an employee primarily due to their gender identity. (correct)
  • Adjusting pay scales company-wide based on years of experience and overall market rates for similar roles.
  • Assigning work tasks based on an employee's proficiency and skills demonstrated over time.
  • Promoting an employee based on their consistent performance and contributions to the team.

An employee suspects they are experiencing discrimination. According to the policy, what is their first recommended action?

  • Discuss the issue with coworkers to gain support.
  • File a lawsuit in civil court.
  • Immediately notify a specified individual within the organization. (correct)
  • Gather evidence for at least six months before reporting.

A city official witnesses an instance of harassment. What action must they take according to this policy?

  • They should conduct their own internal investigation before reporting.
  • They are required to report the information immediately to the city’s EEO program manager. (correct)
  • They must wait for the victim to file a formal complaint before acting.
  • They are only obligated to report if the victim requests them to do so.

An employee files a complaint alleging discrimination. What action would be considered retaliation under the policy?

<p>The complainant's supervisor begins documenting every minor mistake made by the complainant after the complaint is filed. (D)</p> Signup and view all the answers

A supervisor overhears employees making jokes that are demeaning to a colleague based on their national origin but does not intervene. According to the policy, what is the supervisor's responsibility?

<p>The supervisor is obligated to take timely corrective action because they knew or should have known a violation was occurring. (B)</p> Signup and view all the answers

What protection does the policy offer to an employee who reports a discrimination complaint in good faith?

<p>The employee will not be adversely affected for bringing the complaint. (B)</p> Signup and view all the answers

Which situation constitutes a violation of the Anti-Discrimination and Harassment policy regarding confidentiality?

<p>An employee intentionally discloses confidential details about a complaint to coworkers. (A)</p> Signup and view all the answers

During an investigation, who is permitted to bring a representative to an interview?

<p>The complainant (A)</p> Signup and view all the answers

What is the potential consequence for an employee found in violation of Salt Lake City Corporation's Anti-Discrimination and Harassment policy?

<p>Discipline, up to and including termination. (C)</p> Signup and view all the answers

Under what circumstances is recording of interviews permitted during an investigation?

<p>Only when interviewing a complainant; the recording will be made by human resources (B)</p> Signup and view all the answers

Under what circumstances is Salt Lake City Corporation permitted to make employment decisions based on an employee's characteristics?

<p>Employment decisions should never be based on a person’s membership in a protected class. (B)</p> Signup and view all the answers

A department director is notified of the findings of a discrimination investigation. What is their responsibility after receiving the investigation results?

<p>The director must notify the investigator within 15 days of the action, if any, they intend to take in response to the investigation. (B)</p> Signup and view all the answers

An employee refuses to provide information during an investigation into a harassment complaint, citing concerns about getting involved. How does the policy address this behavior?

<p>Failure to cooperate in an investigation of a complaint is prohibited by the policy. (B)</p> Signup and view all the answers

What is the policy's stance on the confidentiality of complaints?

<p>The city will protect the confidentiality of complaints to the extent possible. (A)</p> Signup and view all the answers

An employee wants to file a complaint regarding an incident that occurred 8 months ago. According to the policy, what is likely to happen?

<p>The complaint may be dismissed due to the time elapsed. (B)</p> Signup and view all the answers

What does the policy state regarding 'joking remarks' directed towards an individual based on a protected class?

<p>The policy prohibits any form of harassment, including joking remarks, that demeans or shows hostility toward an individual based on a protected class. (C)</p> Signup and view all the answers

Which of the following scenarios best exemplifies sexual harassment as defined by the policy?

<p>Making repeated, unwelcome comments about a colleague's appearance, even after being asked to stop. (D)</p> Signup and view all the answers

According to the policy, what condition defines unwelcome sexual conduct as sexual harassment?

<p>Submission to the conduct is implicitly a condition of employment, or the conduct creates a hostile work environment. (A)</p> Signup and view all the answers

Which action would be considered sexual harassment according to the guidelines?

<p>Sending a sexually suggestive joke to a colleague via company email. (C)</p> Signup and view all the answers

According to the policy, what constitutes sexual harassment, even without tangible job consequences?

<p>Conduct that creates an intimidating, hostile, or offensive working environment. (C)</p> Signup and view all the answers

Which of the following scenarios would be a violation of the provided policy, even if it occurs outside the workplace?

<p>An employee making unwanted sexual advances towards a colleague at a social gathering after work hours. (D)</p> Signup and view all the answers

What type of conduct is explicitly mentioned as a form of sexual harassment?

<p>Displaying sexually oriented pictures in the workplace. (B)</p> Signup and view all the answers

If an employee makes the performance of another employee’s job more difficult because of their gender, what policy does it violate?

<p>It violates the policy against discrimination and harassment. (C)</p> Signup and view all the answers

Which action could be seen as sexual harassment, even if unintentional?

<p>Joking with employees and making performance of another employee’s job more difficult because of their gender. (D)</p> Signup and view all the answers

According to the policy, what is the timeframe within which complaints should ideally be filed to ensure effective investigation?

<p>Within six months of the incident. (A)</p> Signup and view all the answers

If a city official is aware of potential discrimination or harassment, what action is mandated by the policy?

<p>They are required to immediately report the information to the city's EEO program manager. (D)</p> Signup and view all the answers

During an investigation, which interview type permits recording and representative?

<p>Complainant Interview (B)</p> Signup and view all the answers

During interviews, when is an employee accused of policy violation allowed a representative?

<p>When required by a MOU, the investigative interview procedure will be followed. (C)</p> Signup and view all the answers

What is the responsibility of a department director after being notified of the investigation findings?

<p>To notify the investigator within 15 days of the action they intend to take, if any, in response to the investigation. (A)</p> Signup and view all the answers

What is the policy's stance on protecting an employee who brings forth a complaint in good faith?

<p>The employee will not be adversely affected. (B)</p> Signup and view all the answers

What is the policy's commitment to the confidentiality of complaints?

<p>The City will protect the confidentiality of complaints to the extent possible. (A)</p> Signup and view all the answers

An employee is aware that a coworker is being harassed, but is not directly involved or targeted. According to the policy, what action should the employee take?

<p>The employee is required to immediately report such information to the city's EEO program manager. (A)</p> Signup and view all the answers

Which action demonstrates failure to cooperate in an investigation, potentially violating the Anti-Discrimination and Harassment policy?

<p>Refusing to be interviewed as a witness, despite having relevant information related to the complaint. (D)</p> Signup and view all the answers

In which scenario would a supervisor's inaction most likely be considered a violation of the Anti-Discrimination and Harassment Policy?

<p>The supervisor knows of subtle but pervasive jokes based on national origin and does nothing to address it. (C)</p> Signup and view all the answers

An employee feels they were unfairly passed over for a promotion due to their age. What aspect of the Anti-Discrimination and Harassment policy is most relevant to this situation?

<p>The policy prohibits discrimination based on age (40 and above) in employment decisions, including promotions. (D)</p> Signup and view all the answers

Following an investigation, Salt Lake City Corporation mandates specific remedial measures for an employee found in violation of the Anti-Discrimination and Harassment policy. What constitutes a further violation in this context?

<p>The employee fails to fully implement the required remedial measures. (A)</p> Signup and view all the answers

Which action by a person accused of violating the policy would most likely be considered an inappropriate confrontation?

<p>Discussing the allegations with the complainant in a hostile and accusatory manner. (D)</p> Signup and view all the answers

An employee observes a colleague intentionally excluding another employee from important project meetings because of their sexual orientation. Which aspect of the Anti-Discrimination and Harassment policy is most relevant?

<p>Discrimination based on sexual orientation. (D)</p> Signup and view all the answers

An employee makes a formal complaint of discrimination, but the investigation concludes that the allegations were unfounded and brought with malicious intent. What potential consequence might the employee face?

<p>Disciplinary action, up to and including termination, for filing a false or frivolous complaint. (B)</p> Signup and view all the answers

In a workplace setting, which of the following actions would most likely be considered a violation of the Anti-Discrimination and Harassment policy regarding 'joking remarks'?

<p>Making subtle jokes that demean an employee based on their protected class. (D)</p> Signup and view all the answers

An employee consistently makes demeaning comments about a colleague's appearance and body. While the colleague hasn't explicitly stated they're offended, how does this align with the policy?

<p>It could be considered a violation if it creates a hostile work environment, even without direct job consequences. (B)</p> Signup and view all the answers

What condition needs to be met for unwelcome sexual conduct to be considered harassment?

<p>The conduct is severe or pervasive enough to create a hostile work environment. (A)</p> Signup and view all the answers

An employee shares a sexually suggestive joke with a coworker via email. Both are off duty at the time, but the coworker is offended. How does the policy apply?

<p>The policy may apply, as harassment can occur even outside the workplace if it impacts the work environment. (B)</p> Signup and view all the answers

A manager promises an employee a promotion in exchange for a date. The employee refuses, but no explicit repercussions follow. How does this align with the policy?

<p>It's a violation because it constitutes a request for sexual favors used as a basis for employment decisions. (A)</p> Signup and view all the answers

An employee displays a calendar with suggestive images in their cubicle. Other employees find it offensive. What aspect of the policy does this potentially violate?

<p>Hostile work environment via sexually oriented displays. (C)</p> Signup and view all the answers

An employee is consistently excluded from important meetings and projects after rejecting a supervisor's advances. What type of violation is this?

<p>Retaliation (C)</p> Signup and view all the answers

Which scenario would most likely be considered a violation due to 'making performance of an employee’s job more difficult because of an employee’s gender?'

<p>Ignoring a female employee's ideas in team meetings, even when they align with project goals. (D)</p> Signup and view all the answers

Which scenario best illustrates 'quid pro quo' harassment, according to the policy?

<p>A supervisor offers an employee a promotion in exchange for sexual favors. (C)</p> Signup and view all the answers

Flashcards

Anti-Discrimination Policy

Prohibits discrimination and harassment based on protected characteristics such as race, color, national origin, sex, religion, age, disability, genetic information, sexual orientation, or gender identity.

Fair Employment Decisions

Employment decisions cannot be based on a person’s membership in a protected class.

Retaliation

Taking adverse action against someone who reports policy violations or participates in an investigation.

Breach of Confidentiality

Revealing confidential information related to a discrimination or harassment complaint.

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Failure to Cooperate

Not cooperating with an investigation related to a complaint.

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Supervisor's Responsibility

A supervisor failing to take timely action when aware of a policy violation.

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Inappropriate Confrontation

Confronting a complainant or witness in an inappropriate manner regarding the allegations of the complaint.

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Filing False Complaints

Submitting complaints that are knowingly false or without reasonable basis.

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Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.

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Quid Pro Quo Harassment

When submission to sexual conduct is a condition of employment.

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Hostile Work Environment

When conduct creates an intimidating, hostile, or offensive working environment.

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Physical Sexual Harassment

Intentional physical contact that is sexual in nature

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Sexual Assault

Rape, sexual battery, molestation, or attempts to commit these assaults.

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Verbal Sexual Harassment

Unwanted advances, propositions, or sexual comments.

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Visual Sexual Harassment

Displaying sexually oriented materials in the workplace

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Harassment Location

Harassment can occur even outside of the workplace.

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Who to notify about discrimination/harassment?

Employees should report discrimination/harassment immediately to a supervisor, director, EEO manager, HR, or City Attorney.

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Complaint Time Limit

Complaints filed more than 6 months after the incident may be difficult to investigate and could be dismissed.

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Supervisor's Reporting Duty

Supervisors/managers must report any harassment/discrimination incidents they witness to the EEO program manager.

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Protection for Complainants

Employees who file complaints in good faith will not face negative consequences.

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Confidentiality of Complaints

The city aims to keep complaints confidential as much as possible.

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Complaint Investigations

The city will investigate all violation complaints, interviewing all parties and reviewing evidence.

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Complainant Interview Rights

Complainants can have a representative during interviews, and HR will record the complainant interview. No other recordings are permitted.

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Director's Response Time

Department directors must inform the investigator of actions taken within 15 days of the investigation findings.

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Policy Purpose

The city's stated promise to prevent unfair treatment and mistreatment.

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Discrimination

Treating someone unfairly or worse based on protected characteristics.

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Harassment

Unwelcome conduct that demeans or shows hostility toward an individual based on a protected characteristic.

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Retaliation (Policy)

Punishing someone for reporting a violation.

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Confidentiality Breach

Sharing private details about a complaint.

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Failure to Cooperate (Policy)

Not assisting with an investigation of a complaint.

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Ignoring Policy Violations

Not taking action when a violation is known.

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EEO Program Manager

An individual designated to manage and oversee the Equal Employment Opportunity (EEO) program within the city.

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Complaint Form

A formal written document used to report incidents of discrimination or harassment.

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Relevant Evidence

Information, documents, or items that provide proof or evidence related to a complaint.

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Complainant

A person who has allegedly experienced discrimination or harassment.

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Witness

A person who saw or knows something relevant to an incident.

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Accused Person

An employee accused of violating the anti-discrimination/harassment policy.

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MOU Exception

A formal agreement (Memorandum of Understanding) that may modify investigation procedures.

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Investigation Findings

The outcome or decision reached after an investigation.

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Study Notes

  • This policy articulates the city's commitment to anti-discrimination and harassment
  • Includes procedures for employees to file a complaint of discrimination, harassment, or retaliation

Policy

  • Salt Lake City Corporation prohibits discrimination and harassment based on race, color, national origin, sex (including pregnancy), religion, age (40 and above), disability, genetic information, sexual orientation, gender identity, or any other legally protected class
  • Employment decisions cannot be based on a person's membership in a protected class
  • Retaliation against those making complaints or participating in investigations is prohibited
  • Intentional breaches of confidentiality relating to a complaint are prohibited
  • Failure to cooperate in an investigation is prohibited
  • Failure of a supervisor to take timely corrective action is prohibited
  • Accused persons inappropriately confronting complainants or witnesses is prohibited
  • Filing false or frivolous complaints is prohibited
  • Failure to implement remedial measures is prohibited
  • Employees who violate this policy may be disciplined, up to and including termination

Harassment

  • Salt Lake City Corporation does not tolerate any form of harassment or abusive conduct that demeans or shows hostility based on a protected class
  • Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:
    • Submission to such conduct is made a condition of employment
    • Submission to or rejection of such conduct affects employment decisions
    • Such conduct unreasonably interferes with job performance or creates a hostile work environment
  • Conduct constituting sexual harassment includes:
    • Intentional physical conduct such as touching, staring, blocking, pinching, kissing, patting, grabbing, or brushing against another's body
    • Physical assaults of a sexual nature
    • Making unwanted sexual advances or comments
    • Using obscene and insulting terms related to gender
    • Making uncalled for requests for social contacts
    • Making comments about a person's body, sexuality, or sexual experience
    • Giving preferential treatment in exchange for submission to sexual behaviors
    • Making an employee's job more difficult because of their gender
  • Harassment may occur even if the conduct occurs outside of the workplace
  • Displaying or publicizing sexually oriented materials in the workplace or via email/text is prohibited

Complaints

  • Employees who believe they have been subjected to discrimination or harassment should immediately notify their supervisor, department director, EEO program manager, human resources consultant, or a City Attorney's Office attorney
  • A complaint form can be submitted to human resources
  • Complaints pertaining to conduct that occurred more than six months prior are difficult to investigate and may be dismissed
  • Supervisors or city officials who know of prohibited harassment or discrimination must report it to the city's EEO program manager
  • Employees who bring a complaint in good faith will not be adversely affected
  • The city will protect the confidentiality of complaints to the extent possible

Investigation

  • The city will promptly address all complaints, which may include an investigation
  • Investigations may include interviews with relevant parties and a review of evidence
  • When interviewing a complainant, they may bring a representative and a recording will be made by human resources (no other recordings permitted)
  • When interviewing witnesses, no representatives or recordings are permitted
  • When interviewing an accused employee, no representatives or recordings are permitted unless required by a MOU
  • All parties will be notified of the findings of the investigation
  • A department director must notify the investigator within 15 days of the intended action in response to the investigation
  • The investigation process is determined in the sole discretion of the investigator

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Salt Lake City Corporation prohibits discrimination and harassment based on protected characteristics. The policy outlines complaint procedures and prohibits retaliation. It also addresses breaches of confidentiality, failure to cooperate, and filing false complaints.

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