Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 3 CHAPTER 3 — PERSONNEL, TRAINING, AND EMPLOYEE The purpose of this policy is to prevent misconduct, define the roles and responsibilities of CDCR management and employees relative to the EEO RELATIONS policy, and to identify the discrimination complaint process. 31010.3 Definitions of Discrimination Basis ARTICLE 1 — EQUAL EMPLOYMENT OPPORTUNITY Age Revised August 25, 2015 Refers to the chronological age of any individual who has reached his or her 40th birthday. 31010.1 Policy Ancestry The California Department of Corrections and Rehabilitation (CDCR) is The national or cultural origin of a line of familial descent. committed to providing Equal Employment Opportunity (EEO) and creating a work environment in which all individuals are treated with respect and Color professionalism. Consistent with this commitment, it is the policy of CDCR The color of skin of an individual, including shades of skin within a racial to provide a workplace free from discrimination, harassment, and retaliation group. for all applicants, employees, contractors, unpaid interns and volunteers. The Disability CDCR EEO policy is a zero-tolerance policy which applies to all aspects of A physical or mental impairment affecting one or more body systems which employment within CDCR including recruitment, hiring, promotion, transfer, limits a major life activity, including work; a record of such an impairment; training, corrective adverse action, and other terms, conditions, and benefits or being regarded as having such an impairment. This includes Human of employment. Zero tolerance means that violations of this policy will not Immunodeficiency Virus and Acquired Immunodeficiency Syndrome. be tolerated. When policy violations are found to have occurred, appropriate corrective action and/or adverse action, up to and including dismissal, Genetic Information depending on the severity of the violation, will be taken. With respect to any individual, information about the individual’s genetic tests, genetic tests of family members of the individual, and the manifestation All employees are prohibited from discriminating against or harassing of a disease or disorder in family members of the individual. anyone on the basis of their protected status. The bases for filing a complaint are: Marital Status Age (40 or older) The legal status in a relationship such as married, never married, single, separated, divorced, or widowed. Ancestry Medical Condition Color A person’s genetic characteristics or a person who has or had cancer. Disability (physical or mental) National Origin Genetic Information The country where a person was born, or more broadly, the country from Marital Status which his or her ancestors came, which includes the individual’s common Medical Condition (cancer or genetic characteristics) language, culture, ancestry, and other similar social characteristics. National Origin Political Affiliation Political Affiliation (includes opinion or activities) Membership or association in a political party or special interest group (union issues are not included). Race Race Religion/Religious Creed Classes of persons identifiable because of their ancestry or ethnic Sex/Gender (including sexual harassment, pregnancy, gender identity, characteristics. and gender expression) Religion Sexual Orientation All aspects of religious belief, observance, and practice. Veteran Status/Military Service Retaliation Usage of leave rights permissible under the Family and Medical Leave An adverse employment action taken against an individual due to his/her Act (FMLA), California Family Rights Act (CFRA), and/or Pregnancy protected activity (including one’s opposition to a discriminatory practice or Disability Leave Act. participation in the discrimination complaint process). EEO Retaliation Sex All employees are prohibited from retaliating against any person because the Sex includes, but is not limited to, a person’s gender. Gender includes a person has opposed any practices forbidden under this policy or because the person’s gender identity and gender expression. Gender expression means a person has filed a complaint, testified, or assisted in any proceeding related person’s gender-related appearance and behavior whether or not to this policy. stereotypically associated with the person’s assigned sex at birth. Gender All employees are prohibited from aiding or coercing any acts forbidden identity refers to a person’s identification as male, female, a gender different under this policy. from the person’s sex at birth, or transgender. All employees are prohibited from engaging in behavior that rises to the level Sex also includes, but is not limited to pregnancy or medical conditions of discrimination, harassment, or retaliation in violation of: related to pregnancy; childbirth or medical conditions related to childbirth; and breastfeeding or medical conditions related to breastfeeding. Title VII of the Civil Rights Act of 1964 (including amendments) Sexual Orientation California Fair Employment and Housing Act (FEHA) of 1959 “Sexual orientation” means heterosexuality, homosexuality, and bisexuality. (including amendments) Military and Veteran Status California Code of Regulations (Titles 2 and 15) Any person entitled to the rights and benefits under the Uniformed Services Departmental EEO policies and procedures Employment and Reemployment Rights Act. Other California and federal EEO laws 31010.3.1 Definitions of Other Terms This policy applies to conduct that occurs in any location operated by CDCR Association or is considered a workplace by CDCR, as well as any location that can An individual’s involvement with a member of a protected group or reasonably be regarded as an extension of the workplace, such as an off-site membership in an advocacy organization representing a protected group. business or social function, or other non-CDCR facility where CDCR business is being conducted. This policy applies to conduct that occurs off- Complainant duty and is brought back to the workplace, when such conduct adversely Any individual or group of individuals who allege discrimination in affects the individual in a manner otherwise prohibited by this policy. violation of a State or federal EEO law or regulation or departmental policy. EEO 31010.2 Purpose The legal right of all individuals to be afforded full and equal consideration for employment, retention, and advancement on the basis of merit. 119 Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 3 EEO Counselor Using discriminatory terms or telling discriminatory jokes that are A departmental employee trained to assist in the discrimination complaint based on an individual’s protected status. process. Bullying or abusive conduct, including repeated infliction of verbal EEO Coordinator abuse and use of derogatory remarks, insults, and epithets. A person designated by a hiring authority to receive and coordinate internal discrimination complaints. Verbal and physical conduct that a reasonable person would find External Discrimination Complaint threatening, intimidating, or humiliating. A complaint alleging discrimination, harassment, and/or discrimination filed Displaying objects, cartoons, pictures, or posters that are derogatory, with a State or federal compliance agency against the Department by a sexual in nature, or discriminatory based on an individual’s protected charging party. status. Family and Medical Leave Acts/California Family Rights Act Posting, sending, uploading/downloading messages with Provisions in State and federal statutes that allow for up to 12 weeks of discriminatory, retaliator, or sexual content in any form via electronic unpaid leave for the birth of a child for purposes of bonding, placement of a mail, the intranet/internet websites, cell phone, interoffice mail, or child in the employee’s family for adoption or foster care, and the qualified public or private mail. serious health condition of the employee or the qualified serious health Discriminating against any employee in violation of this policy so as to condition of a parent, spouse or child. California law provides the same create a hostile work environment. protection for registered domestic partners. Federal law also provides for up to 12 weeks for leave to assist family members in the military who are being Engaging in any unwanted physical contact or leering. called to active duty in support of contingency military operations or are Making harassing telephone calls to a coworker, or sending harassing regular military and being stationed overseas; and up to 26 weeks to care for correspondence to an individual by any means including, but not ill or injured family members in the military. The program responsible for limited to, public or private mail, interoffice mail, facsimile, electronic the administration of these statuses is Human Resources. mail or text messaging. Hiring Authority Restricting or denying restroom access, in accordance with their gender The Secretary, Undersecretary , General Counsel, Chief Information Officer, identity/expression, to transitioning transgender employees; or or any Assistant Secretary, Executive Officer, Director, Deputy Director, repeatedly calling a transgender employee by the wrong pronouns or Associate Director, Warden, Parole Administrator, Superintendent, name, after the transgender employee has provided notice of his or her Superintendent of Correctional Education, Associate Superintendent