Office of Civil Rights

Equal Employment Opportunity Policy

Revised December 2009

 

31010.1 Policy

 

The California Department of Corrections and Rehabilitation (CDCR) is committed to providing a work environment of equal employment opportunity (EEO) to all employees and applicants and creating a work atmosphere in which all individuals are treated with respect and professionalism. Consistent with this commitment, it is the policy of CDCR to provide a workplace free from discrimination, harassment, and retaliation for all employees, contractors, and volunteers. This policy applies to all aspects of employment within CDCR including recruitment, hiring, promotion, transfer, training, corrective and/or disciplinary action, adverse action, and other terms, conditions, and benefits of employment.

 

All employees are prohibited from discriminating against or harassing anyone on the basis of their protected status. These bases are:

 

• Age (40 or older)
• Ancestry
• Color
• Disability (physical or mental)
• Marital Status
• Medical Condition (cancer or genetic characteristics)
• National Origin
• Political Affiliation
• Race
• Religion
• Sex (including sexual harassment and pregnancy)
• Sexual Orientation
• Veteran Status/Military Service

 

Each discrimination basis listed above includes the perception that the individual has any of these characteristics or that the individual is associated with a person who has or is perceived to have any of these characteristics.

All employees are also prohibited from discriminating against or harassing anyone because of:

 

• Usage of leave rights permissible under the Family Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA),

• Genetic information.

 

All employees are prohibited from retaliating against any person because the person has opposed any practices forbidden under this policy or because the person has filed a complaint, testified, or assisted in any proceeding related to this policy.

All employees are prohibited from aiding or coercing the doing of any acts forbidden under this policy.

 

All employees are prohibited from engaging in behavior that rises to the level of discrimination, harassment, or retaliation in violation of:

 

• Title VII of the Civil Rights Act of 1964 (including amendments)
California Fair Employment and Housing Act (FEHA) of 1959

  (including amendments)

• Other California and federal EEO laws

California Code of Regulations (Title 15), and

• Departmental policies and procedures.

 

This policy applies to conduct that occurs in any location operated by CDCR or is considered a workplace by CDCR, as well as any location that can reasonably be regarded as an extension of the workplace, such as an off-site business or social function, or other non-CDCR facility where CDCR business is being conducted. This policy applies to conduct that occurs off-duty and is brought back to the workplace, when such conduct adversely affects the individual in a manner otherwise prohibited by this policy. Any employee found to have engaged in discrimination, harassment, or retaliation in violation of this policy will be subject to corrective and/or disciplinary action including dismissal from CDCR.

 

31010.2 Purpose

 

The purpose of this policy is to define the roles and responsibilities of CDCR management and employees relative to the EEO/Sexual Harassment policy and the discrimination complaint process described below.

 

31010.3 Conduct Violations - EEO Policy and Violations

 

The type of prohibited discriminatory or harassing behavior which may be found to constitute a violation of EEO policy includes, but is not limited to:

 

• Making employment decisions on the basis of an individual’s protected characteristics.

• Changing the terms, conditions, or privileges of employment of an employee in retaliation for filing an EEO complaint or participating in the discrimination complaint process.

• Denying or failing to provide reasonable accommodation for a disability or a bona fide religious practice.

• Denying a leave request for which an employee is eligible under FMLA or CFRA.

• Using discriminatory terms or telling discriminatory jokes that are based on an individual’s protected status.

• Displaying objects, cartoons, pictures, or posters that are derogatory or discriminatory based on an individual’s protected status.

• Posting, sending, uploading/downloading messages with discriminatory or retaliatory content in any form via electronic mail, the intranet/internet websites, cell phone, office mail, or personal mail.

• Discriminating against any employee in violation of this policy so as to create a hostile work environment.

• Engaging in any unwanted physical contact or leering.

• Making harassing telephone calls to a coworker, or sending harassing correspondence to an individual by any means including, but not limited to, public or private mail, interoffice mail, facsimile, computer email or text messaging.

 

Managers and Supervisors

Under the supervision of the Hiring Authority, all CDCR managers and supervisors shall:

 

• Maintain and promote a work environment free from discrimination, harassment,

  retaliation, and unprofessional or disrespectful conduct related to this policy.

• Adhere to the EEO/Sexual Harassment policy and procedures, applicable state and federal law, discrimination complaint process and ensure they are communicated to all employees under their supervision.

• Take pro-active steps to prevent unprofessional or disrespectful behavior.

• Take immediate and appropriate action to stop the conduct that violated this

policy, regardless of the employee’s desire to keep the issue confidential.

• Ensure that employees under their management or supervision have received EEO/Sexual Harassment training and a copy of the policy.

• Advise their employees of their rights and the process for filing an EEO/Sexual Harassment complaint.

• Notify in writing (e-mail can be used) his or her direct supervisor and the local EEO Coordinator within 24 hours of becoming aware of conduct that may violate CDCR’s EEO/Sexual Harassment policy.

• Document the discussion with the employee and submit it in writing to the EEO Coordinator within three working days from the date the employee informed the supervisor of the alleged violation.

• Attend mandated EEO/Sexual Harassment Prevention training.  Failure by a manager and supervisor to adhere to the above responsibilities may result in corrective and/or disciplinary action up to and including dismissal from CDCR. Separate from any action taken by CDCR, managers and supervisors should be aware that his or her conduct may result in personal civil liability.