THE FEDERAL LAW ENFORCEMENT TRAINING CENTERS 

POLICY PROHIBITING DISCRIMINATION 

AGAINST EMPLOYEES AND APPLICANTS FOR EMPLOYMENT AND 

ANTI-HARASSMENT PROCEDURES 

It is the Federal Law Enforcement Training Centers (FLETC) policy to ensure that every 

employee enjoys a non-hostile work environment free of discrimination or harassment of any 

kind. All employment decisions such as hiring, promoting, training, and rewarding will be 

made exclusively on the basis of job-related criteria, i.e., employees' knowledge, skills, 

abilities, and performance. Disciplinary actions will be taken solely on the basis of employees' 

behavior and performance. Harassment of any kind based on race, color, religion, sex 

(including gender identity, pregnancy, and sexual orientation), national origin, age, disability, 

genetic information, marital status, parental status, political affiliation, reprisal, and/or any 

other basis protected by law will not be tolerated and will result in appropriate disciplinary 

action 1. Examples of the types of unwelcome conduct prohibited by this policy are epithets, 

slurs, stereotyping, intimidating acts, and the circulation or posting of written or graphic 

materials that show hostility toward individuals because of their protected status. Acts of 

physical violence, and actual, implied, or veiled threats of violence, are forms of prohibited 

harassment. Any form or manner of threatening or provoking remarks or threatening gestures 

in the workplace is prohibited. FLETC prohibits harassment even if it does not rise to the level 

of actionable harassment under the law. Although a single utterance or act may not rise to a 

level of harassment that may be actionable under the law, it still has no place at FLETC. This 

policy prohibits harassment by or of any employee, supervisor, manager, contractor, vendor, 

applicant, or other individual with whom FLETC employees come into contact by virtue of their 

work for FLETC. 

EEO Reporting Process and Procedures 

Any aggrieved persons who believe they have been discriminated against on the basis of 

race, color, religion, sex (including gender identity, pregnancy, and sexual orientation), national 

origin, age, genetic information, disability, or protected Equal Employment Oppmiunity (EEO) 

activity must initiate contact with the EEO office within 45 calendar days from the date that 

they became aware of the matter alleged to be discriminatory or, in the case of a personnel 

action, within 45 calendar days of the effective date of the action. Please contact the FLETC 

EEO Officer (912) 267-2692, FLETC EEO Complaints Manager (912) 267-2101, FLETC EEO 

Office (912) 267-3316, the Human Capital Officer, or any supervisor. All Supervisors/Managers 

are required to repmi incidents of harassment immediately to the FLETC EEO Officer. (See 

FLETC Directive and Manual 58-01, EEO and Anti-Harassment). 

1 NOTE: Complaints of harassment based on marital status, parental status, political affiliation, and other non-protected classes 

are not enforced by the Equal Employment Opportunity Commission (EEOC). However, the FLETC EEO Office will initially 

process those complaints and fo1ward to the Department of Homeland Security (DHS), Office for Civil Rights and Civil 

Liberties, for issuance ofa Final Agency Decision. 

1 
Definition of Discriminatory Harassment 

Discriminatory harassment is verbal or physical conduct that demeans or shows hostility or 

aversion toward an individual because of his/her race, color, religion, sex (including gender 

identity, pregnancy, and sexual orientation), national origin, age, disability, genetic information, 

or because of retaliation for engaging in protected activity, and that: 

• Has the purpose or effect of creating an intimidating, hostile, or offensive working 

environment; or 

• Has the purpose or effect of unreasonably interfering with an individual's work 

performance; or 

• Otherwise adversely affects an individual's employment opportunities. 

Harassing conduct includes, but is not limited to the following: 

• Epithets, slurs, jokes, bullying, negative stereotyping or threatening, intimidating, or 

hostile acts that relate to a person's race, color, religion, sex, national origin, age, 

disability, or genetic information. 

• Written or graphic material which demeans or shows hostility or aversion toward an 

individual or group because of race, color, religion, sex, national origin, age, disability, or 

genetic information and is posted on walls, bulletin boards, e-mail, or elsewhere on the 

FLETC facility. 

• Submission to or rejection of such conduct by an individual is used as the basis for 

decisions affecting an individual's employment. 

The terms intimidating, hostile, and offensive are interpreted according to legal standards as 

determined by the law, and are viewed from the perspective of a reasonable person in similar 

circumstances as the complainant. 

Race 

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race. Racial 

discrimination occurs when persons are treated differently than others who are similarly situated 

because they are members of a specific race, e.g., White, Black, Asian, etc. Examples of 

employees who are similarly situated may be those working in the same position and grade, the 

same component, or under the same line of supervision. 

Color 

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on color. This type of 

discrimination occurs when persons are treated differently than others who are similarly situated 

because of the color of their skin. Color discrimination can occur together with race 

discrimination, but may also occur between members of the same race. 

2 
Religion 

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on religion. In defining 

religious discrimination, the United States Supreme Court held that religion is not limited to 

O1ihodox or well recognized denominations, e.g., Catholic, Baptist, or Judaism. All that is 

required is a sincere and meaningful belief equivalent to the belief in God held by the more wellrecognized religions. Atheists are also protected. Under Title VII an Agency is required to 

accommodate an individual's religious beliefs unless the religious accommodation poses an 

undue hardship. 

Sex 

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex. Sex 

discrimination may occur in two ways. The first is a policy or practice which treats similarly I 

situated men or women differently from the opposite gender. The second occurs when a genderneutral policy or practice has a disprop01iionate adverse effect on one of the genders. Same sex 

harassment because of sex is prohibited under Title VII. See Supreme Court decision in Oncale 

v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998). As used in Title VII, the term "sex" 

encompasses both sex (biological differences between men and women) and gender. Title VII 

bars not just discrimination because of biological sex, but also gender identity, i.e., failing to act 

and appear according to expectations defined by gender. Pregnancy discrimination is a fo1m of 

sex discrimination prohibited under the Pregnancy Discrimination Act as an amendment to Title 

VII. Pregnancy includes pregnancy, childbirth, or any medical condition associated with 

pregnancy. 

Sexual Orientation 

Discrimination based on sexual orientation is directed at persons who are gay, lesbian, 

bisexual or transgender, who are perceived to be gay, lesbian, bisexual or transgender or who 

associate with persons who are gay, lesbian, bisexual or transgender. This may take the fo1m 

of harassment or treatment that is different than that afforded similarly situated employees or 

applicants. Discrimination against an individual because of gender identity, including 

transgender status, or because of sexual orientation is discrimination based on sex in violation 

of Title VII of the Civil Rights Act of 1964. 

Sexual Harassment 

It is unlawful to harass a person (an applicant or employee) because of that person's sex. 

Harassment can include "sexual harassment" or unwelcome sexual advances, requests for 

sexual favors, and other verbal or physical harassment of a sexual nature. 

Harassment does not have to be of a sexual nature, and can include offensive remarks about a 

person's sex. For example, it is illegal to harass a woman by making offensive comments 

about women in general. 

Both victim and the harasser can be either a woman or a man, and the victim and harasser can 

be the same sex. 

3 
Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that 

are not very serious, harassment is illegal when it is so frequent or severe that it creates a 

hostile or offensive work environment or when it results in an adverse employment decision 

(such as the victim being fired or demoted). 

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or 

someone who is not an employee of the employer, such as a client or customer. 1 

National Origin 

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on national origin. 

National origin discrimination includes that based on an individual's or his or her ancestors' 

place of origin, or physical, cultural, or linguistic characteristics. 

Age 

The Age Discrimination in Employment Act of 1967 prohibits discrimination based on age. For 

Federal employees, the protected age group is age 40 and above, with no upper age limit. Age 

discrimination also occurs among age groups who are over age 40, e.g., the selection of a 45-year 

old candidate may appear to be discriminatory to 55-year old candidates if it can be shown that 

management has never selected a candidate at or above age 55. 

Disability 

The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 prohibit 

discrimination based on disability. Disability discrimination can occur in two ways. The first 

occurs when employees or applicants are treated differently on the basis of their physical or 

mental disabilities. The second occurs when management fails to make reasonable 

accommodation for the disabling condition(s). 

A person with a disability is defined as one who has a physical or mental impairment which 

substantially limits one or more major life functions, e.g., walking, speaking, breathing, learning, 

etc.; one who has a record of such; or one who is regarded as having a disability. 

Reprisal 

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on reprisal. Reprisal 

occurs when employees are treated differently because they are, or were, involved in a protected 

EEO activity, e.g., seeking or participating in EEO counseling, providing testimony in an E~O 

investigation or at an EEO hearing, filing a discrimination complaint, or speaking out against 

discriminatory activities. The U.S. Supreme Court has confirmed that a Complainant may allege 

reprisal based on association. For example, if an individual has an intimate relationship with 

someone involved in protected activity, and that individual experiences adverse treatment, he or 

she may claim the protection of Title VII based on association. Retaliation is the most 

frequently alleged basis of discrimination in the federal sector and the most common 

discrimination finding in federal sector cases. 

4 
Genetic Information 

Under Title II of the Genetic Information Nondiscrimination Act (GINA) of 2008, it is illegal to 

discriminate against employees or applicants because of genetic information. Title II of the 

GINA prohibits the use of genetic information in making employment decisions, restricts 

acquisition of genetic information by employees and other entities covered by Title II, and 

strictly limits the disclosure of genetic information. 

5 
Maintaining a Non-Hostile Workplace 

Free of Discriminatory Harassment 

Equal Employment Opportunity Commission (EEOC) regulation 29 CPR, Part 1614, 

Section 102 (a) (3) requires agencies to help make the Federal Government a model employer by 

eliminating discrimination from personnel policies, practices, and working conditions. A hostile 

work environment allows ridicule, abuse, insults, or derogato1y comments that are directly or 

indirectly based on race, color, national origin, sex (including gender identification, pregnancy, 

and sexual orientation) religion, age, disability, reprisal, marital status, political affiliation, or 

parental status. It is further defined as an offensive or intimidating environment that 

umeasonably interferes with work performance or that otherwise adversely affects employment 

opportunities. Personal conversations that can be overheard by other employees who consider 

the conversation offensive can also create a hostile environment. 

FLETC will follow guidance regarding harassment established by the EEOC and standards 

regarding harassment set by the Supreme Court in two landmark decisions: Burlington 

Industries, Inc. v. Ellerth, 118 S. Ct. 2257 (1998) and Faragher v. City of Boca Raton, 118 S. Ct. 

2275 (1998). In these decisions, the Supreme Court made clear that employers are subject to 

vicarious liability for unlawful harassment by supervisors. Liability is premised on two 

principles: 1) an employer is responsible for the acts of its supervisors; and 2) employers should 

be encouraged to prevent harassment and employees should be encouraged to avoid or limit the 

hmm from harassment. 

Employees are responsible to come forward and rep01t any behavior they view as harassment 

before it becomes severe or pervasive. While isolated incidents of harassment generally do not 

violate federal law, a pattern of incidents may be unlawful. Employees are also responsible to 

take advantage of any preventive or conective opp01iunities provided by FLETC or to otherwise 

avoid harm. 

Such allegations should be confirmed with the employees directly involved in the incident and 

witnesses who might have firsthand information. It is very imp01tant to demonstrate to 

concerned employees that the allegations are taken seriously and that management will not 

condone offensive behavior. Disciplinary or other remedial action should reflect management's 

findings during the course of the inquiry. 

6 
Anti-Harassment Policy Reporting Process 

This FLETC Anti-Harassment Policy does not affect an employee's right to file an EEO 

complaint of harassment or discrimination. An employee's use of the Anti-Harassment Policy 

reporting procedures does not replace, substitute, or satisfy the separate requirements for filing a 

discrimination complaint, negotiated grievance, merit system protection board appeal, or other 

statutory grievance procedure. An employee must make an election between filing an EEO 

complaint or a negotiated grievance, or administrative grievance ( as applicable), but may not 

file both a grievance and an EEO complaint over the same matter. Employees may use the 

reporting procedure referenced in this policy, in addition to filing a complaint of harassment or 

discrimination based on race, color, religion, sex (including gender identification, pregnancy, 

and sexual orientation), national origin, age, disability, genetic information, or retaliation by 

contacting the FLETC EEO Office within 45 days of the alleged harassment2. 

Under the FLETC Anti-Harassment Policy any employee who believes he or she has been the 

target of harassment is encouraged to inform the offending person orally or in writing that such 

conduct is unwelcome and must stop. If the employee does not wish to communicate directly 

with the offending person, or if such communication has been ineffective, the employee is 

encouraged to report the unwelcome conduct as soon as possible to a responsible FLETC 

official, including a management official within the employee's chain of command, the 

offending person's chain of command, Office of Security and Professional Responsibility 

(OSPR), EEO Officer, Chief of Workforce Relations Branch (WRO), or any other FLETC 

management official. Students should rep01i any incident to any of the sources listed above or to 

an Instructor, Program Technician, Program Specialist, their Program Managers, or Agency 

Representative. Training Program Managers are also required to brief students on this policy 

during orientation. 

Responsibilities of Supervisors and Managers 

• Provide a copy of FLETC's Anti-Discrimination/Harassment policy to employees and to 

obtain employees' signatures on the policy's awareness certification during new 

employee orientation and annually during the performance evaluation meeting; 

• Act immediately to prevent harassment in the workplace and/or retaliation against those 

who complain of harassment; 

• All supervisors and managers who observe or are inf01med of allegations of harassment 

shall repo1i the conduct or allegations to the appropriate officials (i.e., FLETC OSPR, 

EEO Officer, HCO, or supervisory chain), even if the employee raising the allegations 

request confidentiality; 

• Consult with the OSPR, Human Capital Office, WRB, and the EEO Officer to provide 

any appropriate interim relief to the alleged victim of harassment pending the outcome of 

a fact-finding inquiry or investigation and take responsible steps to ensure any further 

misconduct does not occur. 

2 Please note: Allegations of Sexual Harassment and/or Hostile Work Environment filed with the EEO Office will result in two 

separate simultaneous investigations (Management Review and EEO Investigation) being conducted at the same time. 

7 
Management Review into Allegations of Harassing Conduct 

Once a dete1mination is made that a management review or fact-finding will be conducted: 

• The Assistant Director (AD) with ultimate supervisory authority over the employee 

whose conduct is the subject of the management review will serve as the Appointing 

Authority (AA) and must inquire into the matter sufficiently in consultation with the 

Chief WRB, and the EEO Officer to determine whether a full management review is 

needed or whether a more limited fact-finding is appropriate; 

• If the harassment allegations involve an AD, the FLETC Director or the FLETC 

Deputy Director will serve as the AA and select the Management Review Official 

(MRO); 

• The AD will serve as the AA and will appoint an impaiiial MRO to begin a prompt, 

thorough, and impaiiial management review or fact-finding within 10 days of 

receiving notice of the harassment allegations; 

• The AD will provide the MRO with a written appointment letter of review that defines 

the allegations and scope of the investigation. The appointment may be initiated by oral 

direction, when necessaiy, but the appointment will be put in writing within seven 

calendar days of receipt of the allegations. 

• The MRO is authorized to inquire into all aspects of the harassment allegations; require 

FLETC employees to cooperate; require all employees having any knowledge of the 

complaint to furnish information without a pledge of confidentiality; obtain voluntary 

statements from other individuals; and gather other information that the MRO determines 

is necessaiy and relevant. These authorities are delegated to the MRO for the purposes 

and duration of the man,agement review only. 

• Preparations for the fact-finding or management review should begin immediately after 

appointment of the MRO. The MRO shall submit a completed repo1i to the AA within 

30 days of being appointed MRO, unless an extension is granted by the AA 

Actions Upon Completion of the Management Review 

Upon completion of the management review, the responsible AD and/or other appropriate 

FLETC management officials shall thoroughly evaluate the MRO's rep01i and if necessaiy, 

take immediate and appropriate corrective action within 60 days of receiving notice of a 

harassment complaint. Rep01is of harassment are kept confidential to the fullest extent 

possible. FLETC does not tolerate retaliation against an employee for reporting harassment or 

assisting another individual in rep01iing harassment, participating in an inqui1y into a report of 

harassment, or opposing discrimination or harassment. Any person who believes he or she has 

been subject to retaliation should use the same rep01iing procedures as for complaints of 

harassment. Rep01is of harassment are addressed through a prompt, thorough, and impaiiial 

fact-finding, administrative/management inquiry or administrative investigation. FLETC takes 

immediate corrective action when it determines that harassment has occurred. Any employee 

found to have engaged in harassment may be subject to disciplinary action, up to and including 

removal. 

8 
Contact Information for 

POLICY PROHIBITING DISCRIMINATION 

AGAINST EMPLOYEES AND APPLICANTS FOR EMPLOYMENT AND ANTIHARASSMENT PROCEDURES 

Listed below are subject matter expe1is in the EEO, Office of Professional Responsibility, and 

Human Capital Office, including telephone numbers and areas of expertise. These individuals 

can assist with interpretation of FLETC's policy prohibiting discrimination against employees 

and applicants for employment and can provide technical guidance in applying policy in specific 

cases. 

Contact Phone Number 

John C. Weaver (912) 267-2692 EEO Officer 

Rick Purvis (912) 554-4348 Chief, Office of Professional Responsibility 

Candice K. Porter (912) 267-3376 Human Capital Officer 

Connie Delaney (912) 267-2116 Chief, Workforce Relations Branch 

Celeste T. Merrix 

Complaints Manager, EEO Office (912) 267-2101 

Hispanic Program Manager 

Elise M. Burtrum 

Senior EEO Specialist (575) 746-5989 

(Acting) Disability Program Manager 

Elise M. Burtrum 

Senior EEO Specialist (575) 746-5989 

Native American Program Manager 

Monte Council 

Senior EEO Specialist (912) 267-2113 Black Employment Program Manager 

LGBT Program Manager 

Jennifer G. Hair 

Senior EEO Specialist (912) 261-3705 

Federal Women's Program Manager 

Jodi R. Hershey 

EEO Specialist (912) 267-2106 

Asian Pacific Program Manager 

9 
FLETC ANTI-HARASSMENT/ ANTI-DISCRIMINATION 

ANNUAL POLICY AWARENESS CERTIFICATION 

I hereby certify that I have read and understand the Federal Law Enforcement Training 

Centers policy prohibiting harassment and discrimination. 

Employee Signature Date 

***************************** 

I hereby certify that I have discussed the above-listed policy with the employee whose 

signature appears above and have reminded him/her of the requirement to read the policy. 

Supervisor Signature Date