Chapter 3 – Personnel, Training, and Employee Relations

31010.5 Conduct Violations

• The type of prohibited behavior which may be found to constitute a violation of CDCRCalifornia Department of Corrections and Rehabilitation’s EEOEqual Employment Opportunity Office (see Office of Internal Affairs) 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 a discrimination complaint or participating in the discrimination complaint process.

  • Failing to consider reasonable accommodation request for a disability or for religious reasons.

  • Denying a leave request for which an employee is eligible under FMLA, CFRA, or because of pregnancy and pregnancy-related conditions.

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

  • Abusive conduct, including repeated infliction of verbal abuse and use of derogatory remarks, insults, and epithets.

  • Verbal and physical conduct that a reasonable person would find threatening, intimidating, or humiliating

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

  • Posting, sending, uploading, or downloading messages with discriminatory, retaliator, or sexual content in any form via electronic mail, the intranet or internet websites, cell phone, interoffice mail, or public or private mail.

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

  • Engaging in any unwanted physical contact or leering

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

  • Restricting or denying restroom access, in accordance with a transitioning transgender or non-binary individual’s gender identity and/or gender expression; or consistently failing to use the gender pronoun and honorific an individual has specified in all verbal and written communications with or regarding the individual, after the transgender or non-binary employee has provided notice of their pronouns.

  • Engaging in biased conduct as defined within the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policy. Examples, which if severe enough can rise to the level of harassment or discrimination, including: promoting stereotypes, or considering a person’s identity characteristics when taking actions, even if those actions do not constitute a “harmful” employment action.