RIGHTS AND RESPONSIBILITIES IN THE WORKPLACE

1. RIGHTS AND RESPONSIBILITIES IN THE WORKPLACE EQUAL EMPLOYMENT OPPORTUNITY 2009 CAL FIRE

2. What is CAL FIRE’s Standard of Conduct? • Treat the people you come into contact with at work with respect. • Be fair and consistent in your interaction with other employees. • Promote professionalism in the workplace at all times and in all situations by using appropriate language and conduct. • Treat people the way they want to be treated.

3. CAL FIRE Policy vs. the Law • CAL FIRE’s EEO policy is based on the law. • Its intent is to prevent discrimination and harassment from occurring in the workplace. • Since it is morestrict than the law, you may be in violation of the policy even if your conduct does not violate the law. • The Equal Employment Opportunity Program investigates violations of policy, not the law.

4. Responsibilities at the Workplace • Do not participate in hazing or improper practical joking. • Do not use offensive or profane language. • Do not use demeaning or abusive language. • If you witness inappropriate conduct, bring it to the attention of a supervisor or manager or contact the EEO Officer or your Region EEO Manager. • If a co-worker tells you that your conduct is offensive, STOP the behavior.

5. Unprofessional Conduct Improper Practical Joking • It involves a protected characteristic. or • It involves physical contact. Hazing • It is conduct that makes another employee feel uncomfortable or embarrassed or causes the person emotional distress. • When in doubt about whether or not your conduct may be considered hazing, just don’t do it.

6. Supervisory Responsibilities • Model professional conduct to employees at all times. Demonstrate respect, fairness, and consistency in your interaction with employees. • Communicate your expectations for professional conduct with your employees. Do this at meetings and when opportunities arise in the workplace.

7. Supervisory Responsibilities (cont) • Respond Promptly to EEO issues. Contact EEO Region/Sacramento Headquarters for guidance and assistance. • Prevent retaliation. Monitor the workplace to ensure that there is no retaliation whenever there is an active EEO matter such as an EEO investigation.

8. 3 Important EEO Questions for Supervisors • How have I handled similar situations in the past? • Am I using the same process to reach a valid result? • Am I imposing discipline fairly and consistently? • Make certain that you have addressed similar performance issues with comparable actions.

9. Topics to Avoid Discussing at Work • Politics This is a highly sensitive issue for many people. • Religion This is a personal issue that people feel strongly about.

10. Topics to Avoid Discussing at Work (cont) • Your Sex Life This is no one’s business, other than yours and your partner’s. • Your Health Problems If you have health issues that may impact your work performance, it is appropriate for you to discuss them in private with your supervisor. For operational reasons, supervisors may need to share the information with others. However, no one else needs to know specifics about your health.

11. Keep your Temper in Check at Work Angry outbursts, threats and bullying are inconsistent with CAL FIRE’s professional conduct expectations. It is inappropriate in CAL FIRE workplaces or during work related activities to: • Yell at others (unless yelling is necessary due to background noise or distance). • Ridicule or insult others. • Use your body to block or corner someone. • Make threatening comments or gestures (explicit, implicit or “joking”).

12. Employee Assistance Program • If you are experiencing difficulty with anger or frustration at work, it is your responsibility to address those issues. • Confidential assistance for emotional and personal concerns, marital and family issues, and drug and alcohol problems is available without cost from the Employee Assistance Program (EAP) by calling 866-327-4762.

13. Employment Discrimination and Harassment • Discrimination refers to employment decisions like assignments and promotions. • Harassment refers to conduct such as bullying and unwelcome sexual comments. • Remember that it is about the impact of your actions or conduct - not your intent. • Be fair and consistent to avoid the appearance of favoritism or discrimination.

14. Your Rights Under Equal Employment Opportunity • Equal treatment in the workplace. • Equal consideration for a job based on your skills and abilities. • Freedom from discrimination and harassment based on a protected characteristic.

15. Age (40 and over) Pregnancy/Marital Status Political Affiliation Veteran Status Sex (Gender) Religion Sexual Orientation/ Gender Identity Engaging in Protected Activity Race/Color Disability/Medical Condition National Origin/ Ancestry Protected Characteristics

16. Age Discrimination What Conduct is Prohibited? Age 40 and over • Verbal: Derogatory comments or jokes about age, suggestions that it is time to retire or frequent questions about an employee’s retirement plans. • Visual: Cartoons or other visual materials that negatively depict age. • Working Conditions: Withholding training opportunities or promotions based on age; any disparate treatment due to age considerations.

17. Baby Boomer Generation

18. Pregnancy & Marital Status What Conduct is Prohibited? • Disparate treatment on the basis of pregnancy. • Pregnancy cannot be taken into consideration when making employment decisions (i.e. hiring, promoting, training). • In the event of health issues related to pregnancy, a pregnant employee must be treated the same as any other employee with a temporary disability.

19. Pregnancy & Marital Status (cont) • Bargaining Unit 8 employees may have other rights as well. • Disparate treatment or employment decisions on the basis of marital status (i.e. married, single, divorced, living with another) is prohibited. • For guidance or assistance on pregnancy issues, contact the Return to Work Coordinator.

20. Political Affiliation/ Veteran Status What Conduct is Prohibited? • Political affiliation and veteran status cannot be considered in hiring or employment decisions. • Disparate treatment on the basis of political affiliation and veteran status.

21. Sexual Harassment What Conduct is Prohibited? • Any sexual conduct that is unwelcome or offensive. Do Not: • Make comments and use language of a sexual nature. • Repeatedly ask an employee for a date after being turned down. • Ask about or share information about sexual experiences.

22. The Laptop

23. Sexual HarassmentWhat About Electronic Devices? DVDs iPods Blackberries Cell phones Computers TVs • Do Not: • Use state cell phones or blackberries to send text • messages of a sexual nature (“sexting”). • Use state computers to access or send materials of a • sexual nature. • Watch TV programs or DVDs of a sexual nature at • the workplace.

24. The Cell Phone (“Sexting”)

25. Religion What Conduct is Prohibited? • Verbal: Derogatory words or comments about another’s belief, lack of belief or the religious texts associated with specific beliefs (i.e. the Bible, Torah.); promoting your belief or attempting to convert others to your belief.

26. Religion (cont) • Visual: Religious pictures, objects or texts displayed or left out in common areas; distributing religious pictures, objects or texts to others. • Email: Comments, texts, quotes, cartoons and images pertaining to religious beliefs or lack of beliefs (pro or con).

27. Sexual Orientation & Gender Identity What Conduct is Prohibited? • Verbal: Derogatory comments or jokes about sexual orientation (gay, straight, bisexual) or a person’s masculinity or femininity. • Visual: Pictures or objects that negatively depict or refer to sexual orientation or gender identity. • Electronic Devices: Derogatory comments or images referring to sexual orientation or gender identity (text messages, emails, DVDs, TV programs).

28. The Day Room

29. Disability/Medical Condition What Conduct is Prohibited? • Verbal: Derogatory comments or jokes about physical or mental disabilities or a person’s known or suspected disabilities; discussion about another’s confidential medical information. • Visual: Materials that negatively depict physical or mental disabilities, like cartoons.

30. Disability/Medical Condition (cont) • Physical: Anything that creates a barrier to employment or services for those with disabilities; interference with a Reasonable Accommodation provided for a disability. • Electronic Devices: Offensive comments of images via email, voice mail, text messages or on DVDs or TV.

31. Race/Color/ National Origin/Ancestry What Conduct is Prohibited? • Verbal: Racial or ethnic jokes; derogatory comments about race, color, a person’s country of origin, or accent. • Working Conditions: Holding an employee to different standards or subjecting an employee to disparate (unfair) treatment. • Electronic Devices: Offensive comments of images via email, voicemail, text message, or on DVDs or TV.

32. Hablas Español? ¿

33. Engaging in Protected Activity • For EEO purposes, engaging in a protected activity includes participating in an EEO matter such as making an EEO complaint or being interviewed as a witness in an EEO complaint. What Conduct is Prohibited? • Retaliation against any employee who has participated in an EEO matter. • Retaliation against any employee who has requested a reasonable accommodation for a disability or for religion.

34. What is Retaliation? It includes actions and conduct aimed at getting back at someone who has participated in an EEO matter. It is a type of revenge. It may include conduct like making threats or bullying or being unfairly excluded from work related activities (meetings, briefings). How can retaliation be prevented? • All employees have a responsibility not to engage in retaliation. • Supervisors have a responsibility to protect employees from retaliation.

35. What is Retaliation? (cont) Expectations: Whenever there is an EEO issue, as a CAL FIRE employee, you are expected to: • Communicate work issues as you normally do. • Interact and work together cooperatively. • Avoid giving the cold shoulder and distancing yourself from other employees.

36. How Do You Report an EEO Concern? • Contact any EEO Counselor. The list is available on the Intranet. Click on Employee Info and the list can be found under the Equal Employment Opportunity section. • Speak with your supervisor or manager or any other supervisor or manager.

37. How Do You Report an EEO Concern? (cont) • Contact your Region EEO Manager or the EEO Officer • Kathy Niederberger- North 530-224-2458. • Debbie German- South 559-243-4105. • Karen Cohen- Sacto EEO headquarters 916-651-8717.

38. Don’t Say a Word

39. What About the Chain of Command? • There is no chain of command for discussing or reporting an EEO issue. • You may discuss or report EEO concerns to any CAL FIRE supervisor or manager.

40. About Diversity • CAL FIRE’s workplace reflects the diversity of our state. • Our goal is to provide a positive work environment where we have a sense of security and comfort. • It is common to have concerns or apprehensions about the differences of others, including concerns about - the unknown - what we don't understand - being embarrassed - being uncomfortable

41. About Diversity (cont) • To combat our apprehensions, sometimes we: - make assumptions about people who are different than we are - believe stereotypes about others who are different than we are • Most stereotypes are negative.

42. About Diversity (cont) • Ways to deal effectively with diversity at the workplace: - Acknowledge that we have commonalities as well as differences–some are visible and others are not. - Make an effort to create a positive work environment. - Recognize the ways in which you are similar to your co-workers.

43. About Diversity (cont) -Treat co-workers in a way that makes them comfortable. - Make an effort to avoid insensitive and intolerant behaviors. • We are a diverse group, and we are unified in our common goal of supporting CAL FIRE’s mission.

44. Rights and Responsibilities Complying with CAL FIRE EEO policy is easy. • Know your rights and your responsibilities. • Conduct yourself professionally at all times towards everybody while on the job. • Treat everyone that you come into contact with at work with respect, fairness, and consistency. • Treat them the way they would like to be treated.