Prohibition Against Unlawful Discrimination

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Questions and Answers

What is the primary purpose of Executive Order No. S-33-16?

  • To declare a policy of zero tolerance for unlawful discrimination. (correct)
  • To establish a culture of diversity training.
  • To encourage social interactions among City employees.
  • To outline the benefits of working for the City of Omaha.

Which actions are classified as unlawful discrimination under the policy?

  • Repeated jokes considered derogatory towards specific groups. (correct)
  • Making friends in the workplace.
  • Conducting training sessions on inclusivity.
  • Having informal discussions about workplace policies.

What is the potential consequence for employees who unlawfully discriminate?

  • Mandatory diversity workshops.
  • A formal apology to the affected individuals.
  • Termination of employment or other disciplinary action. (correct)
  • Increased supervision by managers.

Under the policy, supervisors are held accountable for what actions?

<p>Allowing unlawful discrimination when they are aware of it. (D)</p> Signup and view all the answers

To which groups does the term 'unlawful discrimination' apply according to the policy?

<p>A diverse range of categories including race, gender, and age. (B)</p> Signup and view all the answers

The policy's prohibition against unlawful discrimination is intended to ensure what type of work environment?

<p>An environment free from intimidation, hostility, or offensiveness. (B)</p> Signup and view all the answers

What does the City of Omaha's policy emphasize about social interactions among employees?

<p>They are allowed as long as they do not involve discrimination. (B)</p> Signup and view all the answers

Which of the following is NOT included in the definition of unlawful discrimination?

<p>Personal opinions about workplace policies. (D)</p> Signup and view all the answers

What constitutes sexual harassment in the workplace?

<p>Conditions for employment being tied to sexual compliance (D)</p> Signup and view all the answers

Which scenario would NOT be considered retaliation under the defined rules?

<p>Issuing a warning for unrelated workplace performance issues (B)</p> Signup and view all the answers

What action should an employee take if they feel uncomfortable confronting the individual responsible for harassment?

<p>Report the behavior to a superior or HR (D)</p> Signup and view all the answers

Which of the following is a responsibility of individuals who observe unlawful discrimination?

<p>Point out the behavior directly to the offender (C)</p> Signup and view all the answers

In what case should an employee escalate their complaint to the Mayor?

<p>If a department director is involved in the harassment (C)</p> Signup and view all the answers

What is emphasized as key in eliminating unlawful discrimination in the workplace?

<p>Timely and effective action by employees and the city (B)</p> Signup and view all the answers

Which of the following actions could potentially be viewed as creating a hostile work environment?

<p>Joking inappropriately about coworkers' personal lives (A)</p> Signup and view all the answers

What is the minimum action required from an employee if they perceive minor offensive behavior?

<p>Request that the behavior stops (B)</p> Signup and view all the answers

What is the main responsibility of the City of Omaha regarding unlawful discrimination complaints?

<p>To take immediate corrective action for any reported unlawful discrimination (C)</p> Signup and view all the answers

Who is responsible for investigating claims of unlawful discrimination once reported?

<p>The Labor Relations Director under appropriate guidelines (A)</p> Signup and view all the answers

What must happen if an investigation confirms unlawful discrimination occurred?

<p>Disciplinary processes, potentially including termination, will be initiated (A)</p> Signup and view all the answers

What documentation is required after an investigation concludes regarding unlawful discrimination?

<p>A written report to the Human Resources Director and affected employee (B)</p> Signup and view all the answers

If a City employee files a complaint with the City Human Rights and Relations Department, what is the next step?

<p>The complaint is referred to the Labor Relations Director for further investigation (C)</p> Signup and view all the answers

Which of the following actions is NOT stipulated if unlawful discrimination is substantiated?

<p>Peer mediation sessions between the parties (A)</p> Signup and view all the answers

Who must be notified if a supervisory individual learns of possible unlawful discrimination?

<p>The Human Resources Director or designated personnel (B)</p> Signup and view all the answers

What can be considered a potential conflict of interest when investigating a complaint involving a City employee?

<p>Involving the Human Rights and Relations Director in both litigation and investigation (C)</p> Signup and view all the answers

Flashcards

Unlawful Discrimination

Any action or circumstance that creates a hostile or offensive work environment based on protected characteristics.

City of Omaha's Anti-Discrimination Policy

City employees are not allowed to discriminate against anyone based on protected characteristics.

Derogatory Remarks or Materials

Jokes, comments, or materials that are offensive or derogatory towards individuals or groups based on their race, gender, religion, etc.

Hostile Work Environment

Unlawful discrimination includes creating an intimidating, hostile, or offensive work environment.

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Supervisors' Responsibility

Supervisors have a responsibility to prevent and address unlawful discrimination in their workplace.

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Policy Purpose

This policy aims to ensure a work environment free from unlawful discrimination for all employees.

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Unlawful Discrimination Examples

Examples of unlawful discrimination include derogatory comments, offensive materials, and hostile work environments.

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Prohibition Against Unlawful Discrimination

City of Omaha's policy prohibits any unlawful discrimination by its employees.

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What is sexual harassment?

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct that creates a hostile work environment.

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What is quid pro quo harassment?

When someone is asked to do something sexual in exchange for a job benefit, like a promotion.

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What is a hostile work environment?

When someone's behavior creates a hostile work environment based on sex.

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What is retaliation?

Taking action against someone for reporting discrimination or participating in an investigation.

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What is an employee's role in addressing discrimination?

Employees have the responsibility to point out the offensive behavior and request it to stop.

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Who should an employee notify if they feel uncomfortable addressing the issue directly?

If an employee is uncomfortable approaching the person responsible for the offensive behavior, they should notify their supervisor, the supervisor of the person responsible, the division manager, the department director, or the Human Resources Director.

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Who should an employee notify if they feel they are being discriminated against by a department director?

Employees should notify the Mayor if they feel they are being discriminated against by a department director.

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Are employees protected if they report discrimination?

Employees will not be retaliated against for reporting offensive behavior or unlawful discrimination, for offering evidence, or for assisting in an investigation.

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City's Responsibility

The City of Omaha is responsible for promptly correcting any unlawful discrimination that occurs within its workforce.

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Supervisor's Immediate Action

Supervisors, upon becoming aware of potential unlawful discrimination, are required to take immediate action to rectify the situation and promptly notify the Human Resources Director or designated representative.

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Investigation Process

An investigation led by the Labor Relations Director is conducted to determine whether unlawful discrimination has occurred. This investigation may involve the Human Rights and Relations Director and department heads.

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Disciplinary Action

If the investigation confirms unlawful discrimination or supervisor tolerance, disciplinary actions, including termination, counseling, or training, may be implemented.

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Investigation Reporting

All investigation results, regardless of disciplinary action, are reported in writing to the Human Resources Director and affected employees. A record of all complaints and investigations is maintained.

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Complaint Referral

When the City Human Rights and Relations Department receives complaints regarding City employee unlawful discrimination, the investigation is transferred to the Labor Relations Director.

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Conflict of Interest Prevention

To prevent conflict of interest, complaints from City employees filed with the City Human Rights and Relations Department are referred to the Nebraska Equal Opportunity Commission for investigation.

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Study Notes

Executive Order No. S-33-16

  • This order prohibits unlawful discrimination by Omaha City employees
  • It declares "zero tolerance" for any unlawful discrimination
  • The order is based on Title VII of the 1964 Civil Rights Act and Omaha's Anti-Discrimination Ordinance
  • Employees have the right to work in an environment free from discrimination
  • This policy is not intended to restrict employees' rights under State or Federal law
  • Unlawful discrimination includes, but is not limited to, deliberate or repeated jokes, remarks or stories based on protected characteristics, display of material with derogatory content, conduct based on protected characteristics that creates an intimidating or hostile environment, sexual harassment, and retaliation
  • Sexual harassment is unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct when submission is a term or condition of employment, or rejection/acceptance of conduct affects employment decisions, or conduct unreasonably interferes with an individual's work performance or creates a hostile environment
  • Employees are expected to treat co-workers and the public with respect and to conduct themselves in a businesslike manner.
  • Discrimination based on race, color, creed, ethnicity, religion, sex, marital status, sexual orientation, gender identity, national origin, age, or disability is strictly prohibited
  • Employees who believe that unlawful discrimination has occurred should: point out the offensive behavior to the person responsible, request the offensive behavior stop. If the offensive behavior is minor and stops, no further action is required, notify supervisor, supervisor of the discriminatory person, division manager, department director, and/or HR director. If the discrimination is against a department director, the employee should notify the Mayor;
  • The city will investigate complaints of discrimination under the direction of the Labor Relations Director, who may seek assistance from Human Rights or department directors
  • The investigation will determine if discrimination occurred
  • Corrective action will be taken following investigation

Policy and Procedures

  • The city does not regulate private social interactions among employees; unlawful discrimination is prohibited
  • Discrimination against an employee will result in disciplinary or corrective action, which may include termination or required employee counseling/training.
  • All investigations' results will be documented in writing and shared with the employee and HR
  • Complaints of unlawful discrimination by a city employee will be referred to Labor Relations for investigation
  • Complaints of discrimination against city staff by an employee will be referred to the City Human Rights/Relations Department and to the Nebraska Equal Opportunity Commission to avoid conflict of interest.

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Related Documents

Executive Order S-33-16 (PDF)

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