harassment discrimination

Definition: A wide variety of disorders or conditions affecting any number of body systems ?

Impairment.

The Uniform Guidelines on Employee Selection Procedures defines adverse impact as ________ ?

""A substantial different rate of selection in hiring, promotion, or other employment decision which works to the disadvantage of members of a race, sex, or ethnic group.""

The Equal Employment Opportunity Commission enforces sexual harassment guidelines and defines it as ________ ?

""The unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.""

Challenged conduct must be unwelcome in the sense that the employee ________ ?

"1. Did not solicit or incite it. 2. Regarded the conduct as undesirable or offensive."

Every member of the LVMPD has the responsibility for preventing harassment and discriminatory acts by ________ ?

"1. Reporting and encouraging others to report the behavior; and... 2. Refraining from participating in or encouragement of actions"

These behaviors constitute sexual harassment when ________ ?

"1. Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment (i.e., a "part" of your job). 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual (i.e., it influences decisions made about you) or... 3. Such conduct has the PURPOSE or EFFECT of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment." ...

A discriminatory motive is proved when ________ ?

"1. Sufficient evidence reasonably determines that the employer's explanation to the charge is false and... 2. That discrimination was more than likely the motivating factor"

A claim of discrimination which is based on an allegation of disparate treatment must first initially establish ________ ?

"1. That the complainant is a member of a protected class and... 2. The complainant was treated differently from individuals similarly situated."

One isolated incident can be enough to allege quid pro quo harassment if the charging party can show ________ ?

"1. That the sexual advances were unwelcome. 2. That the harassment was sexually motivated. 3. That the employee's reaction to the supervisor's advances affected a tangible aspect of his or her employment."

Definition: A substantial different rate of selection in hiring, promotion, or other employment decision which works to the disadvantage of members of a race, sex, or ethnic group.

"Adverse Impact."

Definition: A physical or mental impairment that substantially limits one or more of the major life activities of an individual, or having a record of or being regarded as having a disability.

"Disability."

Groups fall into ________ as defined by Title VII to include Race, Color, Religion, Sex and National Origin.

"Protected Classes".

Definition: A person who meets the skill, experience, education, and other job related requirements of a position held or desired and who with or without reasonable accommodation can perform the essential functions of the job ?

"Qualified Individual."

Definition: An employee relying upon apparent or actual authority that extorts sexual consideration from an employee by threatening to withhold a tangible benefit such as continuing employment, a promotion or increase in wages. This harassment can be expressed or implied ?

"Quid Pro Quo Harassment."

Definition: A reasonable modification or adjustment to the work environment that effectively removes workplace barriers that are either 'procedural' or 'physical' for an individual with a disability ?

"Reasonable Accommodation."

Definition: If a person is unable to perform a major live activity that the average person in the general population can perform or if the person is significantly restricted as to the condition, manner or duration under which the activity is performed ?

"Substantially Limiting."

In claims of sexual harassment, the most important element is whether or not conduct is ________ ?

"Unwelcome".

The perspective generally endorsed by courts to determine if the harassment is sufficiently "severe or pervasive" to establish a hostile environment is whether a ________ would be offended by the conduct and whether that conduct would have interfered with a reasonable individual's work performance.

"reasonable person".

In general, the concept of ________ is not one which can be precisely defined, but instead must be fitted to the particular facts of each case.

"similarly situated".

Unwelcome conduct, This is a critical concept and is evaluated by the ________ to determine if conduct is unwelcome.

"totality of circumstances".

________ do not need to be demonstrated, and in fact, may not exist in complaints of harassment.

Monetary damages.

"Definition: The unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature ?"

Sexual Harassment.

In addition, while Title VII does not extend to ________, NRS and LVMPD Department policy do.

Sexual Orientation.

"Definition: Persons being compared are so situated that it is reasonable to expect that they would receive the same treatment in the context of a particular employment decision ?"

Similarly Situated."

Furthermore, department policy includes both ________ and ________ as protected classes.

Veteran Status and Political Affiliation.

It is the policy of the Las Vegas Metropolitan Police Department that all employees have the right to work in an environment free of ________ and ________ (sexual and otherwise).

discrimination and harassment.

LVMPD prohibits offensive ________ or ________ of any persons in a protected class in the workplace.

displays or depictions.

Since motive is not needed to prove a charge of adverse impact, a complainant need only establish that an employment practice, even though applied equally to all applicants or employees, has the ________ of excluding or otherwise adversely affecting women and/or minority groups in significant numbers.

effect.

Supervisors that lack ________ and use threatening, demeaning or intimidating tactics in managing their subordinates can be subject to allegations of a hostile work environment based on gender harassment.

effective communication skills.

Quid Pro Quo, This type of harassment can be ________ or ________ ?

expressed or implied.

Similarly Situated, It generally means that the persons who are being compared are so situated that it is reasonable to expect that they would receive the ________ in the context of a particular employment decision.

same treatment.

Regardless of what reluctance the victim displays or expresses, all complaints of sexual harassment should be taken ________ and must be investigated.

seriously.

Sexual harassment is a form of sex discrimination in which the prohibited conduct is sexual in nature, not just ________ ?

sex-based.

Unlike Quid Pro Quo claims, hostile work environment harassment need not be ________ based.

sexually.

Although ________ and ________ are protected classes, discrimination is not determined by group comparisons but on individual case by case basis.

Age and Disability.

Harassment on the basis of RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN, is an unlawful employment practice which violates Title VII of the ________, as amended.

Civil Rights Act of 1964.

Definition: Disparate or different treatment occurs when an employer treats anbindividual less favorably than other similarly situated individuals because of their race, color, religion, sex, or national origin.

Disparate Treatment.

Definition: Offensive verbal or physical conduct that is directed at an individual because of his/her RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, AGE or ORIENTATION which is continuous, frequent, repetitive and part of an overall pattern.

Harassment.

Definition: Hostile, intimidating or offensive verbal or physical conduct that is based on Race, Color, Religion, National Origin, Gender, Age or Orientation that is sufficiently severe or pervasive to alter the conditions of an individuals employment or creates an abusive working environment ?

Hostile Work Enviorment.

Disparaging remarks or stereotyping employees based on their race, religion, sex, national origin or color, provides a complainant ________ for discrimination.

direct evidence.

Discrimination occurs when any ________, ________ or ________ has an adverse impact on an identifiable group compared to the impact on the majority group.

act, practice or pattern.

Under Title VII, an employer has an ________ to maintain a working environment free from harassment, intimidation, or insult and that the duty encompasses a requirement to take positive action where necessary to eliminate such practices or remedy their effects.

affirmative duty.

The key difference between a hostile environment and quid pro quo claim is that in a quid pro quo claim there is liability when an employer threatens to or actually does alter the job conditions for employees who refuse the employers' sexual demands.

alter.

Quid Pro Quo, the harasser needs to be in a position of ________ over the harassed employee, such as a supervisor or an employee tasked with training new employees.

authority.

Supervisors, managers and trainers must understand that serious disciplinary action will be leveled if they abuse their ________ over their subordinates.

authority.

Disparate or different treatment occurs when an employer treats an individual less favorably than other similarly situated individuals ________ of their race, color, religion, sex, or national origin.

because.

Sexual Harassment, the ________ can be verbal, non verbal, or physical.

behavior.

Sexual Harassment, in some circumstances, subtle ________ by a person seeking sexual favors may be viewed as unlawful sexual harassment.

coercion.

The ultimate burden of proof always stays with the ________ in proving that discrimination against them was based on their race, color, religion, sex, national origin, or other protected classes.

complainant.

Sexual harassment situations are ________ and ________ with peril.

complex and fraught.

The focus of the inquiry into a charge of adverse impact is on the ________ of employment practices rather than the motive.

consequences.

Employers have ________ been found strictly liable for quid pro quo harassment by supervisors under their authority.

consistently.

Under the law, sexual harassment is ________ or _________ behavior of a sexual nature which is unwelcome, not asked for, and not returned.

deliberate or repeated.

The majority of complaints of sexual harassment do not involve quid pro quo, but rather allegations that an employee has suffered as a result of ________ work environment.

hostile.

When there is evidence that harassing or discriminatory conduct has occurred, the Office of Employment Diversity or supervisor in the complainant's Chain of Command will conduct an ________ and ________ investigation of the incident.

immediate and thorough.

Harrassment, The conduct must rise to a level that the complainant's ________ is interfered with or their working atmosphere is rendered abusive.

job performance.

Direct evidence can further be shown when an employer ________ or ________ that practices, policies or the behaviors of its employees were discriminatory but failed to take appropriate corrective action.

knew or reasonably should have known.

In hostile environment cases, employers generally are held liable if they ________ or ________ of the harassment and did not take adequate steps to prevent it.

knew or should have known.

Discriminatory ________ can be proven by using comparative, statistical or direct evidence.

motive.

Individuals may be similarly situated for ________ employment decision, but not for another.

one.

Remember, that Department policies are more strict than Federal or State law and ________ incident can be enough to sustain a complaint.

one.

Under Federal law, ________ isolated incident is rarely enough to constitute harassment.

one.

The Department will be held strictly liable for ________ harassment.

quid pro quo.

Sexual harassment is not normal, pleasant, friendly, or even mildly flirtatious interactions, as long as no ________ is offended.

reasonable person.

Hostile work environment claim usually involves sexual conduct or gender-based abuses which have the purpose or effect of ________ interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment.

unreasonably.

Title VII is not designed to eliminate all expression of human sexuality in the workplace; it prohibits only conduct that is ________ and that affects an employee in his or her role as a worker.

unwelcome.

A reasonable person is one with the perspective of the ________ ?

victim.

Hostile Work enviorment, in these complaints the Department can be held liable under Title VII ________or ________ the employee has suffered tangible job detriment.

whether or not.

This Department does not condone, and ________ tolerate any form of harassment or discrimination.

will not.

Common courtesy, common sense, and a habit of close observation of others' reactions to what is said and done go a long way in achieving a friendly ________ ?

work environment.