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Equal Employment Opportunity and Sexual

Harassment Prevention
Storyboard | XXXX

Equal Employment Opportunity and Sexual


Harassment Prevention Training

Continue

Notes: Crowd photo from https://www.freepik.com/free-vector/business-team-putting-


together-jigsaw-puzzle-isolated-flat-vector-illustration-cartoon-partners-working-
connection-teamwork-partnership-cooperation-
concept_10606197.htm#page=1&query=group%20of%20employees&position=4
Storyboard | XXXX

Introduction
In this course you will learn about CDCR’s EEO policy, procedures, and processes. You will
also have access to discussion and strategies for working in a culturally diverse
environment.
Overview
As incumbent staff, you will have
the knowledge, skills, and
motivation to ensure
discrimination, harassment,
and/or retaliation do not occur in
the workplace.
The California Department of
Corrections and Rehabilitation
(CDCR) is committed to
providing a workplace that
protects the civil rights of all
individuals.

Continue

Notes: https://www.freepik.com/free-vector/young-people-standing-talking-each-other-
speech-bubble-smartphone-girl-flat-vector-illustration-communication-
discussion_10174094.htm#page=1&query=person&position=35
Maybe an empowered person with a foot on the words discrimination, harassment,
etc.… instead of this graphic.
Storyboard | XXXX

Why is this training important?


CDCR is committed to protecting the civil
rights of applicants, employees, contractors,
unpaid interns, and volunteers. This course
provides information and training so
everyone can identify potential EEO policy
violations. Knowing this information will
help you avoid actions that may make you, or
CDCR, the target of a discrimination
complaint.

Continue

Notes: Use a person thinking graphic, perhaps similar to this


https://www.freepik.com/free-vector/thoughtful-woman-with-laptop-looking-big-question-
mark_13330330.htm#page=1&query=person%20thinking&position=1
Storyboard | XXXX

Course Objectives
By the end of this course, you will be able to:
 Identify consequences of failing to adhere to the
responsibilities outlined in the CDCR EEO policy.
 Identify protected groups.
 Understand EEO complaint process terms.
 Understand roles and responsibilities of CDCR
employees in regards to EEO.
 Determine if a behavior violates CDCR’s
discrimination and cultural awareness diversity
policy.
 Identify behaviors that violate CDCR’s EEO policy.
 Understand the different theories of discrimination.
 Know the difference between internal and external
complaints.

Continue

Notes:
Storyboard | XXXX

Chapter 1: Policies and the Law

Department Operations Manual (DOM)


Chapter 3, Article 1, Equal Employment
Opportunity Policy
 CDCR’s zero-tolerance EEO policy is derived from
federal and state laws.
 CDCR is required by law to provide a workplace
free from discrimination, harassment, and/or
retaliation.
 When an EEO concern is brought to CDCR’s
attention, CDCR is required to take immediate and
appropriate action to stop the offending behavior.

Continue

Notes: Perhaps a graphic of zero tolerance or a circle with a line through it like above.
https://www.freepik.com/premium-vector/stop-sign-icon-notifications-that-
anything_5197979.htm#query=person%20stop&position=9
Storyboard | XXXX

DOM, Ch 3, Article 1, EEO Policy Continued


On June 15, 2020, the U.S. Federal Supreme Court
ruled that Title VII of the Civil Rights Act of 1964
(which makes it illegal for employers to discriminate
because of a person’s sex, among other factors)
covers sexual orientation and transgender status. It
also upheld rulings by lower courts, stating that
sexual orientation discrimination is a form of sex
discrimination.

Continue

Notes: A gavel may be a good graphic. https://www.freepik.com/free-photo/court-


hammer-books-judgment-law-concept_8760889.htm#page=1&query=judge
%20hammer&position=1
Storyboard | XXXX

DOM, Ch 3, Article 1, EEO Policy Continued


EEO policy applies to:
 Conduct that occurs in any location operated by CDCR or is considered a workplace
by CDCR.
 Any location that can reasonably be regarded as an extension of the workplace.
 Any other non CDCR facility where CDCR business is being conducted.
 Conduct that occurs off duty and is brought back to the workplace.
 Any employee found to have engaged in discrimination, harassment, and/or
retaliation will be subject to corrective and/or disciplinary action up to and
including dismissal from CDCR.

Continue

Notes: Use the ‘Process’ interactive with “The EEO policy applies to:” as the first slide. Each
subsequent bullet should be on their own page. Coordinating images can be placed with
each bullet if needed.
Storyboard | XXXX

Responsibilities
All employees are responsible for maintaining standards that promote a work environment
free from discrimination, harassment, retaliation, and unprofessional or disrespectful
conduct.

Continue

Notes: A group of varied employees would work well here. https://www.freepik.com/free-


photo/workers-standing-together-diversity_2826255.htm#page=1&query=group%20of
%20employees&position=42
Storyboard | XXXX

Resources
You can obtain information regarding CDCR’s zero tolerance EEO policy and the EEO
complaint process from:
 Local EEO Coordinators
 Local EEO Counselors
 OIA (Office of Internal Affairs), OCR (Office of Civil Rights)
 CDCR intranet and internet websites

Continue

Notes: May not need a graphic here. If one is needed perhaps a person who looks helpful.
Storyboard | XXXX

Self Check
Failure to adhere to the responsibilities outlined in the CDCR EEO policy may result in
corrective and/or disciplinary action, up to and including ________ from the Department.
 Detention
 Dismissal
 Guidance
 Training

Continue

Notes: Use fill-in-the-blank question type.


Storyboard | XXXX

Chapter 2: Protected Groups

Learning Objectives
 You will identify the definitions of protected groups as a
basis for filing a discrimination complaint.
 You will identify whether a behavior violates CDCR’s
discrimination and cultural awareness diversity policy.

Continue

Notes: Any graphic can be used for the Learning Objectives. I think a graphic including a
lightbulb that is used consistently for all of them will work well. This one is from
https://www.freepik.com/free-vector/businessman-get-
idea_1091808.htm#page=1&query=person%20thinking&position=21
Storyboard | XXXX

Protected Groups
“Protected group” or “protected basis” means any basis or characteristic upon which
discrimination is prohibited by law.
Protected Groups Non-protected groups
Protected group status is automatically
conferred upon recognized group
members by virtue of laws and court
decisions.
 Age  Cosmetics
 Ancestry  Attractiveness
 Color  Obesity
 Disability (physical or mental)  (However, medical conditions
 Genetic Information related to obesity can be
 Marital Status considered a disability and may be
 Medical condition protected)
 National Origin
 Political Affiliation
 Race
 Religion
 EEO Retaliation
 Sex (including gender, gender
identity, and gender expression)
 Sexual Orientation
 Military and Veteran Service
 Usage of Leave Rights Permissible
under FMLA/CFRA

Continue

Notes: Use the flip-card for the items in the table.


Storyboard | XXXX

Definitions of Protected Groups

In this section of training, you


will learn more about each
of these protected groups.

Continue

Notes: https://www.freepik.com/free-vector/businessman-presenting-
project_1091817.htm#page=1&query=person%20explaining&position=9
Storyboard | XXXX

Age
Refers to the chronological age of any individual who has reached their 40th birthday.

(Click play to see an example of age-related harassment in the workplace.)

Continue

Notes: Use AGE_480.mp4 (Employees must watch video before clicking continue.)
Storyboard | XXXX

Ancestry
The national or cultural origin of a line of
familial descent.

Continue

Notes: This graphic would work well for those Protected Groups that do not have a video
associated with them. Maybe remove one person so it doesn’t take up so much space. And
for each title that is being presented, make that puzzle piece bigger. The colors will also
have to change to match CBM theme. https://www.freepik.com/free-vector/people-
carrying-jigsaw-pieces-donut-chart_3530037.htm#page=1&query=puzzle%20pieces
%20together&position=25
Storyboard | XXXX

Color
The color of skin of an individual, including
shades of skin within a racial group.

Continue

Notes: Same as Ancestry Slide. https://www.freepik.com/free-vector/people-carrying-


jigsaw-pieces-donut-chart_3530037.htm#page=1&query=puzzle%20pieces
%20together&position=25
Storyboard | XXXX

Disability (physical or mental)


A physical or mental impairment affecting
one or more body systems that limits a
major life activity, including work; a record of
such an impairment; or being regarded as
having such an impairment. This includes
human immunodeficiency virus (HIV) and
acquired immune deficiency syndrome
(AIDS).

Continue

Notes: Same as Ancestry Slide. https://www.freepik.com/free-vector/people-carrying-


jigsaw-pieces-donut-chart_3530037.htm#page=1&query=puzzle%20pieces
%20together&position=25
Storyboard | XXXX

Genetic Information
Genetic information includes information
about the individual’s genetic tests, genetic
tests of family members, as well as
information about any disease, disorder, or
condition of an individual’s family members
(i.e., an individual’s family medical history).

Continue

Notes: Same as Ancestry Slide. https://www.freepik.com/free-vector/people-carrying-


jigsaw-pieces-donut-chart_3530037.htm#page=1&query=puzzle%20pieces
%20together&position=25
Storyboard | XXXX

Marital Status
Legal status in a relationship, such as married, never married, single, separated, divorced,
widowed or domestic partnership.

(Click play to see an example of marital status harassment in the workplace.)

Continue

Notes: Use MARITAL_STATUS_480.mp4 (Employees must watch video before clicking


continue.)
Storyboard | XXXX

Medical Condition
A person’s genetic characteristics or a
person who has or had cancer.

Continue

Notes: Same as Ancestry Slide. https://www.freepik.com/free-vector/people-carrying-


jigsaw-pieces-donut-chart_3530037.htm#page=1&query=puzzle%20pieces
%20together&position=25
Storyboard | XXXX

National Origin
The country where a person was born, or
more broadly, the country from which their
ancestors came, which includes the
individual’s common language, culture,
ancestry, and other similar social
characteristics.

Continue

Notes: Same as Ancestry Slide. https://www.freepik.com/free-vector/people-carrying-


jigsaw-pieces-donut-chart_3530037.htm#page=1&query=puzzle%20pieces
%20together&position=25
Storyboard | XXXX

Political Affiliation
Membership or association in a political
party or special interest group (union issues
are not included).

Continue

Notes: Same as Ancestry Slide, will have to adjust the words in the puzzle for new titles.
https://www.freepik.com/free-vector/people-carrying-jigsaw-pieces-donut-
chart_3530037.htm#page=1&query=puzzle%20pieces%20together&position=25
Storyboard | XXXX

Race
Classes of persons identifiable because of
their ancestry or ethnic characteristics.

Continue

Notes: Same as Ancestry Slide, will have to adjust the words in the puzzle for new titles.
https://www.freepik.com/free-vector/people-carrying-jigsaw-pieces-donut-
chart_3530037.htm#page=1&query=puzzle%20pieces%20together&position=25
Storyboard | XXXX

EEO Retaliation
A harmful employment action taken against
an individual due to their protected activity
(including one’s opposition to a
discriminatory practice, participation in the
discrimination complaint process or other
EEO-related proceedings, or request for
reasonable accommodation).

Continue

Notes: Same as Ancestry Slide, will have to adjust the words in the puzzle for new titles.
https://www.freepik.com/free-vector/people-carrying-jigsaw-pieces-donut-
chart_3530037.htm#page=1&query=puzzle%20pieces%20together&position=25
Storyboard | XXXX

Military and Veteran Service


A member or veteran of the United States Armed Forces, United States Armed Forces
Reserve, the United State National Guard, and the California National Guard, and any
person entitled to the rights and benefits under the Uniformed Services Employment and
Reemployment Rights Act.

(Click play to see an example of military and veteran-related harassment in the workplace.)

Continue

Notes: Use VETERANS_STATUS_RACE_DISABILITY_480.MP4 (Employees must watch video


before clicking continue.)
Storyboard | XXXX

Sex (including gender, gender identity, and


gender expression)
“Sex” includes, but is not limited to, a
person’s gender. “Gender” includes a
person’s gender identity and gender
expression.

Continue

Notes: Same as Ancestry Slide, will have to adjust the words in the puzzle for new titles.
https://www.freepik.com/free-vector/people-carrying-jigsaw-pieces-donut-
chart_3530037.htm#page=1&query=puzzle%20pieces%20together&position=25
Storyboard | XXXX

Gender Identity
“Gender identity” means each person’s
internal understanding of their gender, or
the perception of a person’s gender identity,
which may include male, female, a
combination of male and female, neither
male nor female, a gender different from
the person’s sex assigned at birth, or
transgender.

Continue

Notes: Same as Ancestry Slide, will have to adjust the words in the puzzle for new titles.
https://www.freepik.com/free-vector/people-carrying-jigsaw-pieces-donut-
chart_3530037.htm#page=1&query=puzzle%20pieces%20together&position=25
Storyboard | XXXX

Gender Expression
“Gender expression” means a person’s
gender-related appearance or behavior, or
the perception of such appearance or
behavior, whether or not stereotypically
associated with the person’s sex assigned at
birth.

Continue

Notes: Same as Ancestry Slide, will have to adjust the words in the puzzle for new titles.
https://www.freepik.com/free-vector/people-carrying-jigsaw-pieces-donut-
chart_3530037.htm#page=1&query=puzzle%20pieces%20together&position=25
Storyboard | XXXX

Transsexual
“Transsexual” is a general term that refers to
a person whose gender identity differs from
the person’s sex assigned at birth. A
transgender person may or may not have a
gender expression that is different from the
social expectations of the sex assigned at
birth.

Continue

Notes: Same as Ancestry Slide, will have to adjust the words in the puzzle for new titles.
https://www.freepik.com/free-vector/people-carrying-jigsaw-pieces-donut-
chart_3530037.htm#page=1&query=puzzle%20pieces%20together&position=25
Storyboard | XXXX

Protected Groups Continued


Groups that are protected include: Transsexual, transitioning, LGBTQ, LGBTQIA+, Queer
Sexual Orientation: Heterosexuality, homosexuality, and bisexuality.

(Click play to see an example of protected groups harassment in the workplace.)

Continue

Notes: Use TRANSGENDER_480.mp4 (Employees must watch video before clicking


continue.)
Storyboard | XXXX

Pronouns and Current State of Affairs for


LGBTQA+
 It is important you use the correct pronouns a person prefers, out of respect,
consideration, and support. Ask, “What pronouns do you
use?”
 53% of LGBTQ employees report experiencing or witnessing
anti-LGBTQ comments by co-workers.
 47% of LGBTQ employees believe being “out” at work could
hurt their career.
 80% of transgender employees report experiencing
workplace harassment.

Continue

Notes: Perhaps a graphic including all of the acronyms, ribbon, or flag.


Storyboard | XXXX

Protected Groups Continued


 “Sex” also includes, but is not limited to
pregnancy or medical conditions related to
pregnancy; childbirth or medical conditions
related to childbirth; and breastfeeding or
medical conditions related to breastfeeding.

Continue

Notes: Same as Ancestry Slide, will have to adjust the words in the puzzle for new titles.
https://www.freepik.com/free-vector/people-carrying-jigsaw-pieces-donut-
chart_3530037.htm#page=1&query=puzzle%20pieces%20together&position=25
Storyboard | XXXX

Usage of Leave Rights Permissible Under


FMLA/CFRA
Provisions in state and federal statutes that allow for up to twelve (12) weeks of unpaid
leave for the birth of a child for purposes of bonding, placement of a child in the
employee’s family for adoption or foster care, and the qualified serious health condition of
the employee or the qualified serious health condition of a parent, spouse or child.
California law provides the same protection for registered domestic partners. Federal law
also provides for up to twelve (12) weeks for leave to assist family members in the military
who are being called to active duty in support of contingency military operations or are
regular military and being station overseas; and up to twenty-six (26) weeks to care for ill or
injured family members in the military

Continue

Notes:
Storyboard | XXXX

Self Check
Select ‘yes’ or ‘no’ to indicate if each of the following scenarios is an example of
discrimination or not.
 Allowing restroom access, in accordance with their gender identity/expression,
to transitioning transgender employees. (no)
 Posting, sending, uploading/downloading messages with discriminatory
retaliatory, or sexual content in any form via electronic mail, the
intranet/internet websites, cell phone, interoffice mail, or public or private
mail. (yes)

Continue

Notes: May not need a graphic here.


Storyboard | XXXX

Self Check
Understanding that “Protected Group” or “protected basis” means any basis or
characteristic upon which discrimination is prohibited by law, match the protected base
group on the left to the definition on the right.
 Race: Classes of persons identifiable because of their ancestry or ethnic
characteristics.
 Disability: A physical or mental impairment affecting one or more body systems
which limits a major life activity, including work; a record of such an
impairment; or being regarded as having such an impairment. This includes
human immunodeficiency virus (HIV) and acquired immune deficiency
syndrome (AIDS).
 Ancestry: The national or cultural origin of a line of familial descent.
 Marital status: Legal status in a relationship, such as married, never married,
single, separated, divorced, widowed, or domestic partnership.
 Medical condition: A person’s genetic characteristics or a person who has or
had cancer.

Continue

Notes: Use word bank or multiple choice.


Storyboard | XXXX

Chapter 3: Harm (Adverse Employment Action)

Learning Objective
 You will identify what constitutes harm within CDCR EEO
Policy.

Continue

Notes: Any graphic can be used for the Learning Objectives. I think a graphic including a
lightbulb that is used consistently for all of them will work well. This one is from
https://www.freepik.com/free-vector/businessman-get-
idea_1091808.htm#page=1&query=person%20thinking&position=21
Storyboard | XXXX

Harm (Adverse Employment Action)

Harm is an employment action that has an adverse impact


on a complainant’s job situation.

Continue

Notes: A stressed out or sad employee would work as a graphic here.


https://www.freepik.com/free-photo/businessman-shocked-because-company-
bankruptcy_4013321.htm#page=1&query=sad%20office%20worker&position=17
Storyboard | XXXX

Examples of Harm
 Failure to appoint
 Failure to promote
 Job duty change/transfer
 Failure to accommodate based upon disability, pregnancy, religious beliefs,
practices, or observances without an undue hardship.
 Denial of leave

Continue

Notes: A stressed out or sad employee would work as a graphic here.


https://www.freepik.com/free-photo/stressful-workaholic-keeps-head-down-desk-feels-
tired-overworked-has-much-work-prepares-upcoming-exam-writes-information-
diary_11407201.htm#page=1&query=stressed%20employee&position=16
Storyboard | XXXX

Examples of Harm Continued


 Change in working conditions
 Demotion
 Termination
 Failure to report
 Hostile work environment Insert Graphic here
 Sexual Harassment
 Retaliation

Continue

Notes: A stressed out, resigning, or sad employee would work as a graphic here.
https://www.freepik.com/free-photo/businessman-shocked-because-company-
bankruptcy_4013321.htm#page=1&query=sad%20office%20worker&position=17
Storyboard | XXXX

Equal Employment Opportunity Elements


When determining if a violation of the EEO policy has occurred,
the following EEO elements must first be established.
All three elements of the following factors must be
asserted:

1. The complainant asserts a protected basis


(identified under statute)
2. The complainant asserts harm has occurred.
3. The complainant asserts a causal connection or
nexus between the protected status and the harm
that was done to them.

Continue

Notes: A thinking employee or a big question mark would be good graphics.


https://www.freepik.com/premium-vector/thinking-idea-problem-search-business-
concept_7692674.htm#page=1&query=thinking%20employee&position=27
Storyboard | XXXX

Nexus (Causal Connection)


To establish a causal connection for an act of discrimination, the complainant must
demonstrate that harm occurred because of their protected status.
In order to establish a violation of EEI policy, there must be a protected basis/group, a
harm such as a change in the work environment, loss of pay, etc., and there must be a
causal connection between the protected group and the harm suffered.

Continue

Notes: This is a graphic provided by the NEO dept.


Storyboard | XXXX

Self Check
Of the following, which three are behaviors that violate the CDCR zero tolerance EEO policy?
 Treating all employees equally in the workplace.
 A supervisor has several employees who continually make discriminatory jokes and use crude, vulgar
language while at work. The supervisor only takes adverse action against the employees who have
accents.
 A supervisor only approves training, mentoring, and provides leadership opportunities for employees of a
specific racial group.
 Making offensive comments to a female employee because she is wearing a suit and a tie.
 A supervisor hires both married and single employees.

Continue

Notes: Question will be a multiple response where the learner has to select all choices that apply. Correct choices
are the 2nd, 3rd, and 4th options.
Storyboard | XXXX

Chapter 4: Discrimination

Learning Objectives
 Understand discrimination-related terms.
 Identify behaviors that violate CDCR’s Equal Employment
Opportunity policy.

Continue

Notes: Any graphic can be used for the Learning Objectives. I think a graphic including a
lightbulb that is used consistently for all of them will work well. This one is from
https://www.freepik.com/free-vector/businessman-get-
idea_1091808.htm#page=1&query=person%20thinking&position=21
Storyboard | XXXX

Discrimination
Discrimination is the failure to treat an individual in
the same way as others because of a protected basis.
In order for a complaint to meet the jurisdictional
requirements for an EEO complaint, an employee
must say they are part of a protected group, or are
perceived to be part of a protected group, and must
provide sufficient information to indicate a factor in
the actions taken was due to their membership in
the protected group. Theories of discrimination link
an alleged action to a protected basis.

Continue

Notes: A sign of inequality here, or employees showing discrimination against another


employee would work as graphics.
https://www.freepik.com/free-photo/equality-inequality-concept-marble-with-copy-
space_6657560.htm#page=1&query=discrimination&position=14
Storyboard | XXXX

Discrimination
Theories of discrimination include:

 Disparate treatment
 Disparate impact
 Harassment
 EEO retaliation
 Failure to provide reasonable accommodation
 Denial of Religious accommodation

Continue

Notes: A graphic may not be needed. Used Objective graphic as a placeholder.


For this Section of training, perhaps using the puzzle graphic again and re-labeling as the
six bullets above would help with continuity and flow.
Storyboard | XXXX

Disparate Treatment
Defined as an allegation by a complainant that
they were treated differently because of their
membership in, perception of, or association
with a protected class. This occurs when a
protected class of persons is treated differently
from other employees or when they are
evaluated by different standards.

Click ‘Continue’ to see a workplace scenario of disparate treatment.

Continue

Notes: This might be a good section to re-use the puzzle piece graphic for each type of
discrimination noted in the slide above.
Storyboard | XXXX

Disparate Treatment

Continue

Notes: Use DISPARATE_TREATMENT_480.mp4 (Employees must watch video before clicking


continue.)
Storyboard | XXXX

Disparate Impact
Results when rules applied to all employees
have a different and more inhibiting effect on
a protected class than on the majority of
people.

Examples of employment practices that may


subject employers to the Fair Employment and
Housing Act (FEHA) and Title VII disparate
impact litigation include non-job-related
written tests, educational requirements, height
and weight requirements, and subjective
procedures during interviews for promotion.

Continue

Notes: Same graphic suggestions as above, words will need to be redone to match.
Storyboard | XXXX

Disparate Impact (Continued)


Under the U.S. EEOC guidelines, an adverse impact is a substantially
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.

Continue

Notes: A graphic similar to an employee being harassed would work.


https://www.freepik.com/premium-photo/big-businessman-looking-pointing-small-
man_14725124.htm#page=1&query=harassed%20employee&position=22
Storyboard | XXXX

Harassment
Harassment is an act committed by a person
that makes another person feel uncomfortable,
offended, intimidated, or oppressed based on
their protected group.

It consists of exposure to behavior(s) or conduct


that creates an intimidating, hostile, or offensive
working environment, or unreasonably
interferes with the individual’s work
performance.
Workplace harassment violates CDCR policy.
Separate from any action taken by CDCR, you
should be aware that your conduct may
result in personal civil liability.

Continue

Notes:
Storyboard | XXXX

Harassment Continued
Employer Liability
 All employers are prohibited from harassing employees in the workplace. If
harassment occurs, an employer may be liable even if management was not aware
of the harassment.
 When the perpetrator of the discrimination, harassment, and/or retaliation is a
supervisor, an employer may be liable even if management was not aware of the
discrimination, harassment, and/or retaliation, or even if the employer took
reasonable steps to prevent the harassment (for example, training).
 If the harasser is a non-management employee, the employer may avoid liability if
the employer takes immediate and appropriate corrective action to stop the
harassment once the employer learns about it.
 If the employer failed to take reasonable steps to prevent discrimination,
harassment and/or retaliation, then the employer can be held liable for the
discrimination, harassment and/or retaliation.

Continue

Notes: Use timeline feature for learner to click through the bullets.
Storyboard | XXXX

Harassment Continued
Employer Obligations
 All employers have a legal obligation to prevent
sexual harassment.
o They must take all reasonable steps to
prevent discrimination and harassment
from occurring.
o They must help ensure a workplace is
free from sexual harassment by posting Insert Graphic here
in the workplace posters by
Department of Fair Employment and
Housing (DFEH) and Equal Employment
Opportunity Commission (EEOC).
 Employers must help ensure a workplace free
from sexual harassment by providing training
to employees on sexual harassment.

Continue

Notes: Use an employee that looks like they are explaining something.
Storyboard | XXXX

Harassment Continued

Sexual Harassment
 Employees, applicants, unpaid interns or volunteers, contract employees or
persons providing services pursuant to a contact have a right to work in a
workplace free from harassment.
 Defined under state and federal laws and by this policy as unsolicited and
unwelcome sexual advances, requests for sexual favors, and other verbal, physical,
or visual conduct of a sexual nature that interferes with work performances by
creating an intimidating, hostile, or offensive work environment.

Continue

Notes:
Storyboard | XXXX

Harassment Continued
Examples of prohibited discriminatory or harassing behavior which may be found to
constitute a violation of CDCR;s EEO policy include, but are not limited to:
 Demanding sexual favors in exchange for employment benefits or as a term or
condition of employment, whether explicitly or implicitly.
 Engaging in any unwanted physical contact, including touching, leering, making
sexual gestures, impeding or blocking movements, pinching, grabbing, patting,
intentionally brushing up against another individual in a sexual manner, rape, or
sexual assault. 
 Engaging in retaliation after a negative response to sexual advances.
 Using sexually derogatory terms or telling sexual jokes and/or stories. 
 Displaying objects, cartoons, pictures, or posters of a derogatory or sexual nature. 
 Posting, sending, or uploading/downloading sexual or demeaning materials in any
form via electronic mail, the intranet/internet websites, cell phone, interoffice mail,
or public or private mail.
 Following or stalking an employee.
 Making telephone calls of a sexual nature to a co-worker, or sending sexual
messages to an individual by any means including, but not limited to, the use of
public or private mail, interoffice mail, facsimile, electronic mail, or text messaging.
 An employee is fired or denied a job or an employment benefit because they
refused to grant sexual favors or because they complained about harassment.
Retaliation for complaining about harassment is illegal, even if it cannot be
demonstrated that the harassment actually occurred.
 An employee is exposed to an offensive work environment. 
 Using the wrong pronouns when referring to transgender individuals, after notice
of proper pronouns.
 Making offensive comments based on a person’s gender expression. 
 Displaying offensive messages based on sexual orientation

Continue

Notes: Use timeline feature to allow learner to click through examples.


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Sexual Harassment
Watch the video below to see an example of sexual harassment in the workplace.

Continue

Notes: Learner must watch video in order to advance. Use THE_NEW_GIRL_480.mp4


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Sexual Harassment Continued


 Sexual harassment does not need to occur between two people of the opposite
sex. In fact, many cases involve same-sex harassment. In addition, sexual
harassment does not need to be motivated by sexual desires.
 Two types of sexual harassment you need to know are:
o Quid pro quo
o Hostile work environment

Continue

Notes:
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Harassment Continued
Quid Pro Quo (Latin term meaning “this for that”)
This is the act of offering employment benefits in exchange for sexual favors. The situation
may also involve third parties who are treated less favorably because others have agreed
to sexual advances.
Quid pro quo harassment usually happens between a supervisor and a subordinate
employee. Quid pro quo occurs when employment decisions or expectations (hiring,
promotions, salary increases, shift or work assistance, etc.) are based on an employee’s
submission to, or rejection of, sexual advances.
It is not necessary that the harasser follow through with the offer or threat in order for
the behavior to violate policy.
Watch the following video to see an example of quid pro quo.x

Continue

Notes: Learner must watch video to continue. Use QUID_PRO_QUO_480.mp4


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Harassment Continued
Hostile Work Environment
This occurs when there is discriminatory conduct or
behavior in the workplace that is unwelcome and
Insert Graphic
offensive to an employee or a group of employees based
here
on a protected group.
CDCR has a zero-tolerance policy against discrimination,
harassment and/or retaliation. You can be held personally
liable for conduct that violates EEO policy.

Continue

Notes: A graphic of an angry employee.


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Examples of Gender Harassment


 Making offensive comments to a female employee because she is wearing a
suit and a tie.
 Treating an employee differently or making disparaging remarks to an
employee after finding out about the employee’s gender identity or
planned transition.
 Insulting, making disparaging remarks, threatening, or subjecting an
employee to offensive gestures due to his/her/their sexual orientation.

Continue

Notes:
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Non-Employee and/or Offender Sexual


Harassment
Your employers can be held liable for sexual harassment by
non-employees; if the employer knew or should have known of
the incident and failed to take corrective action.
When an employee comes forward with a complaint of
sexual harassment by an offender, the department must
take immediate and appropriate action to stop such
behavior.

Continue

Notes: This graphic https://www.freepik.com/premium-vector/busy-tired-businessman-


hold-red-placard-request-help-human-hand-with-banner-support-
concept_10415491.htm#page=1&query=employee%20asking%20for
%20help&position=33 , or a similar one of an employee asking for help.
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Equal Employment Opportunity (EEO)


Retaliation
Examples of EEO retaliation include, but are not limited to:
 An employee files a sexual harassment complaint against a supervisor and
receives a job change as a result of filing the complaint.
 An employee is called a ‘snitch’ and ‘tattletale’ and is ostracized after filing
an EEO complaint against anyone who is covered under the EEO policy.
 An employee is ostracized, criticized, and bullied after they participated as a
witness in a discrimination investigation.
To establish a violation of EEO policy case of violation, a complainant must show that they
engaged in a protected activity, the respondent subjected the complainant to a harmful
employment action; and the protected activity and the respondent’s actions were
connected. The respondent must have had knowledge of the complainant’s participation in
an EEO-related activity.

Continue

Notes:
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Abusive Conduct
Assembly Bill 2053 (AB 2053) requires training on the prevention of abusive conduct in the
workplace. It defines abusive conduct as conduct of an employer or employee in the
workplace, with malice, that a reasonable person would find hostile, offensive, and
unrelated to an employer’s legitimate business interests.
Abusive conduct may include repeated infliction of verbal abuse, such as the use of
derogatory remarks, insults and epithets, verbal or physical conduct that a reasonable
person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or
undermining of a person’s work performance. A single act shall not constitute abusive
conduct, unless especially severe and egregious.
Abusive conduct could affect the morale and productivity of the targeted employee and
others in the workplace.
Abusive conduct related to an EEO protected basis is considered an EEO matter.

Continue

Notes:
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Reasonable Accommodation
Any modification of adjustment to a job or the work environment, or in the way things are
customarily done, that enables an individual with a disability or pregnancy related
condition to enjoy equal employment opportunity.
Reasonable accommodations also ensure equal opportunity in the job application,
examination, and hiring processes.

Continue

Notes: Any Graphic showing a workplace making an accommodation.


https://www.freepik.com/free-vector/accessible-environment-design-abstract-concept-
illustration_13450267.htm#page=1&query=wheelchair%20ramp&position=1
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Reasonable Accommodation Continued


Interactive Process
 Participation in this process is the mutual responsibility of each employee
requesting an accommodation and the Department.
 The interactive process related to reasonable accommodation (RA) for a disability,
medical condition, pregnancy and/or pregnancy related conditions is administered
by Employee Health and Wellness (EHW) via the RTWC.
 However, the interactive process related to religious accommodations is
administered at the local level through the EEO coordinator.

Continue

Notes:
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Disability
The Department Operations Manual (DOM) defines a
person with a disability as one who:
 Has a physical or mental impairment that limits one
or more major life activities.
 Has a record of having an impairment.
Insert Graphic here
 Is perceived as having an impairment.
The Essential functions of the job still need to be met with
or without reasonable accommodations.

Continue

Notes: I’m not sure a graphic should go here?


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Reasonable Accommodation Continued


EHW, RTWC oversees all medical personnel actions (MPA) taken by the Department
statewide to include all institutions, parole offices, and juvenile facilities. EHW encourages
employees, supervisors, and managers to contact them for assistance in working through
MPA.
 MPAs include, but are not limited to: 
 Medical transfers.
 Medical demotions.
 Disability retirement.
 Medical termination, for all industrial and
non-industrial employee medical issues.

Continue

Notes:
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Reasonable Accommodation Continued


Limited Examination and Appointment Program (LEAP)
 This is a special State Personnel Board (SPB) program specifically directed to
accelerate hiring of disabled workers into state service.
 Candidates must meet the essential functions of the job with or without reasonable
accommodations. This will not be waived.

Continue

Notes:
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Religious Discrimination
Religious discrimination occurs when employment benefits have been denied, in whole or
in part, because of an applicant's or an employee's religious beliefs, observances and/or
practice or lack of those; or the employer fails to reasonably accommodate the applicant's
or the employee's religious beliefs, observances and/or practices despite being aware of
the need for reasonable accommodation.
Requests for religious accommodations should be referred to the EEO coordinator. OCR
will provide technical assistance in requests for religious accommodation. The hiring
authority (HA) will make the final decision on request for religious accommodations.

Continue

Notes:
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Self Check
Fill in the blank with the appropriate theory of discrimination from the word bank provided.
 Disparate treatment occurs when a protected group of persons is treated differently from other
employees or when they are evaluated by different standards. 
 Disparate Impact results when rules applied to all employees have a different and more inhibiting effect
on a protected group than on the majority of people. 
 To establish a violation of EEO retaliation, a complainant must show that they engaged in a protected
activity, the respondent subjected the complainant to a harmful employment action; and the protected
activity and the respondent’s actions were connected.

Continue

Notes: Each fill in the blank will be by itself in the training.


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Self Check
Select ‘yes’ or ‘no’ to indicate if each behavior is a violation of the CDCR EEO policy or not.
 Denying or failing to provide reasonable accommodation for a disability, pregnancy, and/or religious
purpose, absence and undue hardship. (yes)
 Making job-related telephone calls for a disability, pregnancy, and/or religious purpose. (no)
 Displaying objects, cartoons, pictures, or posters of landscapes or wilderness. (no)
 Telling discriminatory jokes. (yes)
 Subjecting an employee to any adverse employment action based on retaliation. (yes)

Continue

Notes:
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Chapter 4: Discrimination Complaint Process


Learning Objective
 You will identify the internal and external options
available for filing a discrimination complaint.
 You will also understand the complaint process.

Continue

Notes: Any graphic can be used for the Learning Objectives. I think a graphic including a
lightbulb that is used consistently for all of them will work well. This one is from
https://www.freepik.com/free-vector/businessman-get-
idea_1091808.htm#page=1&query=person%20thinking&position=21
Storyboard | XXXX

Discrimination Complaint Process


All complaints received by the Department are taken seriously. CDCR provides two
methods for filing a complaint:
 Local Intervention Process (LIP) 
 OCR
You are not required to confront the person(s) engaged in the conduct believed to be in
violation of the Department policy at any time before or after filing a complaint. You are
required to contact their direct supervisor (or uninvolved supervisor/manager) to report
conduct believed to be in violation of the policy.

Continue

Notes:
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Discrimination Complaint Process


LIP
The purpose of LIP is to resolve a complaint of discrimination, harassment, and/or
retaliation at the lowest level. If you believe an EEO policy violation has occurred, you may
file a complaint verbally or in writing using :
CDCR Form 693, Discrimination Complaint
CDCR Form 693 can be obtained from OIA’s website or the local EEO coordinator. A
reasonable amount of state time must be allowed for an employee to report a complaint to
their supervisor, an EEO counselor, the local EEO coordinator, or any other CDCR manager
or supervisor. The individual to whom the alleged violation has been reported will take
necessary and appropriate action to assist the employee in resolving the complaint and
prevent further possible violations.
The EEO coordinator shall maintain a confidential log of all discrimination complaints made
at the institution, facility, or location.

Continue

Notes:
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Discrimination Complaint Process


OCR
If you are not satisfied with the results of LIP, a discrimination complaint may be filed
directly with DFEH or EEOC. If you wish to bypass LIP, a discrimination complaint may be
filed directly with DFEH, EEOC, or OCR via a CDCR Form 693, email, or a memorandum. You
may also file a complaint by calling the OCR Hotline at 1-800-272-1408 or email
m_civilrights@cdcr.ca.gov , or by contacting a state or federal compliance agency
(i.e., DFEH or EEOC).

Continue

Notes: https://www.cdcr.ca.gov/ocr/wp-content/uploads/sites/187/2021/06/EEO-
Complaint-Form-CDCR-693.pdf This is where the pdf version of the form is.
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Confidentiality
All EEO complaints are confidential and should not be discussed with anyone unless that
person has a legitimate business need-to-know.
The Department will maintain confidentiality, to the extent possible. Ultimately,
confidentiality is not guaranteed.

Continue

Notes: https://www.freepik.com/free-vector/tiny-people-carrying-key-open-
padlock_13683703.htm
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Failure to Report Discrimination


Per policy, every allegation of employee misconduct within CDCR shall be promptly
reported, objectively reviewed, and investigated when appropriate.
Each employee, regardless of classification or rank, shall report misconduct. If information
is reported verbally to a supervisor, the staff person shall also submit a written report to
the supervisor. The supervisor shall prepare a separate written report regarding the
allegation(s) and shall submit their report and the staff person’s report to the EEO
coordinator. Such reports shall include all pertinent information concerning the
allegation(s), the timeline, and the source(s) of the information. Failure to report employee
misconduct or any unethical or illegal activity in an investigation or allegation inquiry shall
be grounds for corrective action, disciplinary action, or both (per DOM Chapter 3, Article
14).

Continue

Notes:
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Failure to Report Continued


Furthermore, employees shall make full, complete, and truthful statements. Employees
shall not take any action which would interfere with, delay, distort or unduly influence any
official investigation conducted by the Department or any other government agency. Any
employee who knowingly gives false evidence, withholds evidence, or interferes in any way
during such an investigation, or requests or encourages another to do so, may be subject
to disciplinary action.
In addition, an employee’s failure to report harassment may reduce the damages that may
be recovered. Taking into account an employer’s anti-harassment policies and procedures
and its past record of acting on harassment complaints, damages may be reduced if the
employee unreasonably failed to report the harassment to the employer sooner.

Continue

Notes:
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Filing a Complaint
You may choose to bypass LIP and file a discrimination complaint directly with OCR via a
CDCR Form 693, email, telephone, or a memorandum.
When OCR receives a complaint, each allegation is evaluated to determine if the allegation
warrants an investigation or other action to be taken. An OCR staff member may schedule
and conduct an intake interview with the complainant, if additional or clarifying
information is needed.

Continue

Notes: If a screenshot of this form can be obtained, that would be an applicable graphic.
External Complaints
You may elect to file a discrimination complaint with the following external compliance
agencies:
 U.S. EEOC—A complainant may file a discrimination complaint with EEOC within
300 days from the last incident or notification of the alleged discriminatory act(s).
 DFEH—A complainant may file with DFEH within three years from the date of the
discriminatory act(s).
When a complaint or charge of discrimination from an external compliance agency (i.e.,
EEOC or DFEH) is received in the field (institution/facilities, regional parole offices, and
support units), all such notices shall be immediately forwarded to OCR for processing.
Under no circumstances will institutional staff attempt to respond to an external
compliance agency.

Continue

Notes: They do provide this graphic that can be used instead of bulleted items.
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External Complaints Continued


You are not required to exhaust the internal administrative procedure (EEO coordinator,
LIP, or OCR) before filing a formal discrimination complaint with EEOC and/or DFEH.
Third-party EEO Complaints:
You may submit a verbal or written complaint to an EEO coordinator, EEO counselor, and
manager or supervisor describing an inappropriate conversation, conduct, or written/visual
posting that may violate the CDCR zero-tolerance EEO policy.

Continue

Notes:
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Potential Remedies for Employees


You are entitled to “make whole” remedies if a preponderance of the evidence establishes
that you were subjected to unlawful discrimination or sexual harassment which cause you
to suffer harm.
You are also entitled to recuperate damages for emotional distress and physical harm
suffered as a result of the respondent’s conduct, in addition to any compensation for
employment opportunities lost, out of pocket expenses incurred, etc…..

Continue

Notes:
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Remedies Continued
Other options available to you include:
 Filing a grievance
 Examination appeal
 Reasonable accommodation
 Merit issue complaint

Continue

Notes:
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Best Practices
Best practices for preventing discrimination because of a person’s sex, among other
factors, also covers sexual orientation and transgender status:
 Understand and use correct terminology
 Meet your training requirements for staff and management messaging
 Honor co-worker’s requests as to preferred names and pronouns
 Don’t restrict co-workers from sharing their preferred pronouns with others
 Respect privacy and maintain confidentiality- do not “out” employees

Continue

Notes:
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Chapter 5: Roles and Responsibilities

Learning Objective 5
 You will identify the employee’s roles and responsibilities
pertaining to equal employment opportunity (EEO).

Continue

Notes: Any graphic can be used for the Learning Objectives. I think a graphic including a
lightbulb that is used consistently for all of them will work well. This one is from
https://www.freepik.com/free-vector/businessman-get-
idea_1091808.htm#page=1&query=person%20thinking&position=21
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Responsibilities of All Employees


All CDCR employees will:
 Adhere to CDCR’s EEO policy and procedures, applicable state and federal laws,
and the discrimination complaint process.
 Not engage in, condone, tolerate, or leave uncorrected conduct that violates the
EEO policy.
 Report any EEO policy violations to any uninvolved manager or supervisor, EEO
counselor, or EEO coordinator.
 Cooperate with any investigation conducted by OIA.
 Attend mandated EEO/Sexual Harassment Prevention training.

Continue

Notes:
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Responsibilities Continued
Failure by an employee to adhere to the above responsibilities may result in corrective
and/or disciplinary action, up to and including dismissal from the Departments, regardless
of rank, level, or classification.

Continue

Notes:
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Examples of Behaviors That Violate CDCR’s EEO


Policy
 A co-worker tries to force another co-worker into a personal, sexual relationship
even after that co-worker has refused. If the individual does not take “no” for an
answer and continually asks them out, the behavior becomes unwelcome and
violates CDCR policy. 
 You request weekends off due to childcare problems. Your supervisor requests
sexual favors in exchange for approving the time off. 
 An employee makes a comment of a sexual nature about a co-worker’s body.
 Employee #1 has rejected Employee #2’s advances. Employee #2 contacts
Employee #1 via the telephone numerous times throughout the day in order to
harass Employee #1 into submission. 
 You are at the copy machine and a co-worker comes up behind you and
intentionally rubs their body against you in a sexual way. 
 A co-worker displays a calendar showing strippers or any object of a sexual nature. 
 A co-worker sends you an email showing a racially-explicit cartoon or joke. 
 A supervisor does not hire married individuals because “they usually need a lot of
time off and cannot work overtime.”
 A male employee makes comments such as, “Women don’t belong in law
enforcement.”
 Immediately after an employee files a complaint of discrimination, the employee’s
limited term position is terminated.

Continue

Notes: Use the timeline function to have learner click through the scenarios.
Storyboard | XXXX

Responsibilities Continued
An employee is not required to confront the person(s) engaged in the conduct believed to
be in violation of this policy at any time before or after filing a complaint. In addition, an
employee is not required to contact his or her direct supervisor to report conduct believed
to be in violation of this policy. An employee can report the alleged conduct to any
supervisor, EEO coordinator, or OCR.

Continue

Notes:
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Equal Employment Opportunity Coordinator


The EEO Coordinator is responsible for reviewing the allegations within an EEO complaint
and the supporting documentations in its entirety to determine if the documents support
an EEO policy violation.  This determination is forwarded to the Hiring Authority for
approval.
They are responsible for assisting OCR in the gathering of information related to a
discrimination complaint
The EEO Coordinator is also responsible for receiving, reviewing, and evaluating requests
for religious accommodation on the Hiring Authority’s behalf.

Continue

Notes:
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Self Check
Of the following, which are responsibilities you have as an employee?
 Adhere to CDCR’s EEO policy and procedures, applicable state and federal laws, and the discrimination
complaint process.
 Communicate with co-workers about conduct that violates the EEO policy.
 Disregard any EEO policy violations that occur in the workplace.
 Cooperate with any investigation conducted by OIA.
 Attend mandated EEO/Sexual Harassment Prevention training.

Continue

Notes: Use Multiple choice.


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Chapter 6: Conclusion

The consequences will be applied regardless of job level or classification. The most serious
consequence for violating CDCR’s policy is termination from state service.
Awareness of the CDCR policy, state and federal laws, as well as prevention and resolution
of complaints is vital to eliminating discrimination, harassment, and/or retaliation in the
workplace. Managers and supervisors can help the Department and employees curtail
legal and financial liability by informing employees of the policy and by taking immediate
and appropriate action when a violation of the policy occurs. Managers and supervisors
must be proactive leaders and help foster a work environment free from harassment,
discrimination, and/or retaliation.
Use available resources, such as the EEO coordinator, OCR, DOM, laws, etc. for technical
assistance and as references when EEO-related questions arise.

Continue

Notes:
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Post-Test

Continue

Notes: This is a placeholder for the moment until more information on post-tests is
provided.

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