Chapter 3 – Personnel, Training, and Employee Relations

31010.7 Responsibilities

• Deputy Director, Office of Internal Affairs (OIAOffice of Internal Affairs) shall establish an Office of Civil Rights (OCROffice of Civil Rights (see OIA)) within OIAOffice of Internal Affairs. The OCROffice of Civil Rights (see OIA) shall develop policy and provide training to meet the Department’s obligation to ensure EEOEqual Employment Opportunity Office (see Office of Internal Affairs) and a work environment free of discrimination, harassment, and retaliation.

• Associate Director, Office of Civil Rights shall:

  • Serve as the department’s EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Officer. As needed, the Associate Director, OCROffice of Civil Rights (see OIA) reports to the CDCRCalifornia Department of Corrections and Rehabilitation Secretary on matters related to EEOEqual Employment Opportunity Office (see Office of Internal Affairs).

  • Develop and review EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policies and procedures.

  • Provide statewide direction in the implementation of the Department’s EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policy and procedures in compliance with state and federal laws and departmental policies to ensure a work environment free of discrimination, harassment, and retaliation.

  • Oversee the statewide discrimination complaint process and provide technical assistance to hiring authorities.

  • Ensure the Department is in compliance with requirements mandated by external state and federal agencies, including California Civil Rights Department (CRD), and the Equal Employment Opportunity Commission (EEOCU.S. Equal Employment Opportunity Commission).

  • Monitor the most sensitive and/or complex cases.

  • Consult with the Office of Legal Affairs when necessary.

  • Conduct research and prepare reports regarding EEOEqual Employment Opportunity Office (see Office of Internal Affairs) matters.

  • Ensure the Disability Advisory Committee (DACDisabled Advisory Committee) and other EEOEqual Employment Opportunity Office (see Office of Internal Affairs) and Sexual Harassment Prevention workgroups are effectively implemented throughout the Department.

  • Coordinate with the Office of Training and Professional Development in the development and delivery of EEOEqual Employment Opportunity Office (see Office of Internal Affairs) and Sexual Harassment Prevention training, including monitoring and evaluating the effectiveness of such training.

  • Act on behalf of the Secretary to maintain a department free of discrimination, harassment, and retaliation.

  • Serve as the department’s expert, key advisor, and resource for departmental management regarding EEOEqual Employment Opportunity Office (see Office of Internal Affairs) or sexual harassment, discrimination or retaliation prevention, workforce diversity matters, and engage with community and advocacy organizations.

• Office of Civil Rights Staff Shall:

  • Review discrimination complaints received by OCROffice of Civil Rights (see OIA).

  • Provide analysis of discrimination complaints alleging a violation of the CDCRCalifornia Department of Corrections and Rehabilitation EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policy.

  • Provide a response to external compliance agencies regarding complaints or requests for information.

  • Develop and conduct EEOEqual Employment Opportunity Office (see Office of Internal Affairs) and Sexual Harassment Prevention training for CDCRCalifornia Department of Corrections and Rehabilitation staff and managers.

  • Provide consultation to hiring authorities, EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinators and Assistant EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinators on requests for religious accommodation.

  • Assist OIAOffice of Internal Affairs Special Agents with investigations involving allegations of harassment and/or discrimination.

  • Serve as a liaison between OCROffice of Civil Rights (see OIA) and Hiring Authorities, EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinators, Assistant EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinators, EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Counselors, and field training staff.

  • Coordinate with the Office of Training and Professional Development in the development and delivery of EEOEqual Employment Opportunity Office (see Office of Internal Affairs) and Sexual Harassment Prevention training, including monitoring and evaluating the effectiveness of such training.

  • Provide EEOEqual Employment Opportunity Office (see Office of Internal Affairs) program support; ensure the adequacy and accuracy of training materials; identify training needs; and customize training to meet training requirements.

  • Complete the annual Workforce Analysis Report, including goals for persons with disabilities and upward mobility, and other reports related to EEOEqual Employment Opportunity Office (see Office of Internal Affairs) compliance and regulation.

  • Provide technical assistance to CDCRCalifornia Department of Corrections and Rehabilitation staff regarding EEOEqual Employment Opportunity Office (see Office of Internal Affairs) and Sexual Harassment issues, internal and external complaint processes, and completion of forms.

  • Serve as a liaison for the Limited Examination and Appointment Program (LEAPLimited Examination and Appointment Program); incorporate LEAPLimited Examination and Appointment Program into training programs to encourage hiring of qualified persons with disabilities.

• The Hiring Authority shall:

  • Ensure compliance with the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policy and procedures and applicable state and federal laws by all employees under their authority and take immediate and appropriate course of action as necessary.

  • Ensure that employees under their management or supervision have received EEOEqual Employment Opportunity Office (see Office of Internal Affairs) and Sexual Harassment training and a copy of the CDCRCalifornia Department of Corrections and Rehabilitation EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policy.

  • Ensure discrimination complaints received are referred to, recorded, and reviewed by the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator or Assistant EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator and logged in compliance with Department Operations Manual (DOMDepartment Operations Manual), Section 31140.13, regardless of the nature of the complaint.

  • Assign appropriate employees to the positions of EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator and Assistant EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator, equivalent to the level of a Captain, Parole Agent III, Staff Services Manager II or above.

  • When appropriate, the hiring authority may conduct an allegation inquiry in compliance with DOMDepartment Operations Manual Section 31140.14.

  • Ensure engagement of interactive process with the requesting employee has occurred. Review requests for religious accommodation and make the final determination regarding such requests.

    • Consult with OCROffice of Civil Rights (see OIA) staff on requests for religious accommodation prior to rendering a final determination.

  • Take disciplinary action pursuant to CDCRCalifornia Department of Corrections and Rehabilitation DOMDepartment Operations Manual, Chapter 3, Articles 14 and 22, and the California Code of Regulations, Title 15, sections 3392 through 3392.10, when necessary, to address violations of the CDCRCalifornia Department of Corrections and Rehabilitation EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policy.

  • Inform Complainants, in writing, of the determination and/or disposition of their complaint. At no time should the specifics related to any personnel action related to another employee be shared with the complainant. The notification of the determination and/or disposition of the complaint shall be limited to whether the original complaint is sustained, not sustained, exonerated, or unfounded.

• The EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator and Assistant EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator, under the supervision of the hiring authority, shall:

  • Receive discrimination complaints (whether or not they are documented on a Discrimination Complaint Form [CDCRCalifornia Department of Corrections and Rehabilitation Form 693]) and initiate the discrimination complaint process following the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator’s manual provided by OCROffice of Civil Rights (see OIA).

  •  Review the complaint, including the CDCRCalifornia Department of Corrections and Rehabilitation Form 693, and collect any other documents submitted or identified by the complainant and EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Counselor.

  • Provide respondent with a Cease and Desist Letter after initial review, when appropriate, to order the alleged conduct or retaliation to stop and cease.

  • Provide support to the hiring authority regarding EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policy, complaints, and related concerns.

  • Serve as a liaison between employees and management to help resolve discrimination complaints by discussing problems with employees and appropriate supervisors, by advising employees and by developing appropriate solutions, in consultation with the OCROffice of Civil Rights (see OIA).

  • Make recommendations for the selection of EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Counselors to the hiring authority, and provide training, technical assistance, direction, and maintain their contact information.

  • Provide assistance to OCROffice of Civil Rights (see OIA) in coordinating on-site interviews, including interviews conducted by external compliance agencies, and obtaining any requested documents.

  • Receive, review, and evaluate requests for religious accommodation, on behalf of the hiring authority.

  • Gather additional information or documents related to requests for religious accommodation, as needed, to evaluate such requests.

  • Make a recommendation to the hiring authority regarding requests for religious accommodation.

  • Serve as liaison between the employee requesting a religious accommodation and management to determine an appropriate accommodation, if any.

  • Consult with OCROffice of Civil Rights (see OIA) staff on requests for religious accommodation, as needed.

  • Log complaints on the CDCRCalifornia Department of Corrections and Rehabilitation Form 2140, Internal Affairs Allegation Log, in compliance with DOMDepartment Operations Manual Section 31140.13.

  • Serve as a member of the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Advisory Committee, as outlined in
    Section 31010.12, and participate in quarterly meetings (at a minimum) to advise the hiring authority regarding local EEOEqual Employment Opportunity Office (see Office of Internal Affairs) complaints and training.

  • Attend Annual EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator, Assistant EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator, and EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Counselor training conducted by a Training for Trainer (T4T) certified trainer provided by OCROffice of Civil Rights (see OIA).

  • Be responsible for maintaining complaint files in a locked cabinet and electronic storage with restricted access.

  • Maintain a numbered log system, logging allegations of EEOEqual Employment Opportunity Office (see Office of Internal Affairs) violations.

  • Provide notification to OCROffice of Civil Rights (see OIA) upon any changes in assignment to the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator, EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Assistant Coordinator, and EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Counselors.

• EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Counselors, under the supervision of the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator or Assistant EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator, shall:

  • Establish and provide an open channel of communication through which employees may discuss complaints.

  • Advise employees of their rights and responsibilities with regard to the internal and external discrimination complaint procedures.

  • Inform employees of the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policy and procedures and the discrimination complaint process.

  • Receive discrimination complaints and forward them to the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator or Assistant EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator within 24 hours.

  • Conduct the LIP intake interview with the complainant and submit the completed CDCRCalifornia Department of Corrections and Rehabilitation Form 693 and documentation to the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator or Assistant EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator.

  • Assist the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator or Assistant EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator, as needed, in gathering information or documentation related to requests for religious accommodation.

  • Serve as a member of the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Advisory Committee, as outlined in Section 31010.12, and participate in quarterly meetings (at a minimum).

• Managers and Supervisors

  • Under the supervision of the hiring authority, all CDCRCalifornia Department of Corrections and Rehabilitation managers and supervisors shall:

    • Maintain and promote a work environment free from discrimination, harassment, retaliation, and abusive or biased conduct, as defined under this policy.

    • Adhere to the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policy and procedures, applicable state and federal law, discrimination complaint process and ensure they are communicated to all employees under their supervision.

    • Take immediate and appropriate action to stop conduct that violates this policy. Ensure that employees under their management or supervision have received EEOEqual Employment Opportunity Office (see Office of Internal Affairs) and Sexual Harassment Prevention training and a copy of the policy.

    • Advise employees of their rights and the process for filing an EEOEqual Employment Opportunity Office (see Office of Internal Affairs) complaint

    • Notify in writing their direct supervisor and the local EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator or Assistant EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator within 24 hours of becoming aware of conduct that may violate CDCRCalifornia Department of Corrections and Rehabilitation’s EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policy. Prepare and submit a memorandum to the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator or Assistant EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator within three working days from the date the employee informed the supervisor of the alleged violation.

    • Attend mandated EEOEqual Employment Opportunity Office (see Office of Internal Affairs) and Sexual Harassment Prevention training

    • Submit any requests for religious accommodation to the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator or Assistant EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator within two working days.

    • Cooperate with the EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator or Assistant EEOEqual Employment Opportunity Office (see Office of Internal Affairs) Coordinator to identify possible accommodations to address requests for religious accommodation.

  • Failure by a manager or supervisor to adhere to the above responsibilities may result in corrective and/or adverse action up to and including dismissal from CDCRCalifornia Department of Corrections and Rehabilitation. Separate from any action taken by CDCRCalifornia Department of Corrections and Rehabilitation, managers and supervisors should be aware that their conduct may result in personal civil liability.

• Employees

  • All CDCRCalifornia Department of Corrections and Rehabilitation employees shall:

    • Adhere to CDCRCalifornia Department of Corrections and Rehabilitation’s EEOEqual Employment Opportunity Office (see Office of Internal Affairs) 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 EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policy.

    • Report any EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policy violations to any supervisor or manager.

    • Cooperate with any investigation conducted by OIAOffice of Internal Affairs or OCROffice of Civil Rights (see OIA).

    • Attend mandated EEOEqual Employment Opportunity Office (see Office of Internal Affairs) and Sexual Harassment Prevention training.

  • Failure by an employee to adhere to the above responsibilities may result in corrective and/or adverse action, up to and including dismissal from the Department, regardless of rank, level, or classification.