UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

1400 K STREET N.W. ۰ WASHINGTON, D.C. 20424

OFFICE OF THE CHAIRMAN

ANTI-HARASSMENT POLICY STATEMENT

The equal employment opportunity (EEO) laws that apply to federal-sector 

employment – among others, Title VII of the Civil Rights Act, the Age Discrimination in 

Employment Act, the Equal Pay Act, the Rehabilitation Act, and the Genetic Information 

Nondiscrimination Act – prohibit employment discrimination based on race, color, sex

(including pregnancy, sexual orientation, gender identity, and gender expression), national 

origin, age (40 years of age and over), disability, or genetic information (including family 

medical history). These EEO laws also prohibit retaliation or reprisal for protected EEO activity. 

In addition, the prohibited-personnel-practices provisions in 5 U.S.C. § 2302 prohibit 

employment discrimination based on marital status, political affiliation, and conduct that does 

not adversely affect the performance of an employee or the performance of others. 

 

In furtherance of the objective of preventing employment discrimination, it is the Federal 

Labor Relations Authority’s (FLRA’s) policy to maintain a work environment that is free from 

harassing conduct. Consistent with this policy, the FLRA will not tolerate harassing conduct by 

anyone in the workplace. In addition, harassment of anyone on a basis that is protected from 

discrimination by EEO laws may violate law and may subject the Agency and/or the individual 

harasser to liability for any such unlawful conduct. Harassment can be sexual or non-sexual in 

nature. Harassment is defined as any unwelcome verbal or physical conduct based on any 

characteristic protected by law when:

• The conduct can reasonably be considered to adversely affect the work environment; 

or

• an employment decision affecting the employee is based on the employee’s 

acceptance or rejection of such conduct.

Forms of harassment include, but are not limited to:

1. Verbal: derogatory, provocative, insulting, threatening, or suggestive statements, 

innuendoes, epithets, slurs, jokes, or sounds;

2. Visual/Non-verbal: derogatory posters, cartoons, or drawings; suggestive objects or 

pictures; graphic commentaries; leering; or obscene gestures;

3. Physical: unwanted physical contact, including touching; interference with an 

individual’s normal work movement; or assault; and

4. Other: engaging in or threatening reprisal as a result of a negative response to 

harassment.

In addition, sexual harassment includes unwelcome sexual advances; requests for sexual 

favors; or any other visual, verbal, or physical conduct of a sexual nature when:

1. Submission to the conduct is made, either implicitly or explicitly, a condition of the 

individual’s employment;
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2. Submission to or rejection of the conduct is used as the basis for an employment 

decision affecting the harassed employee; or

3. The harassment has the purpose or effect of unreasonably interfering with the 

employee’s work performance or creating an environment that is intimidating, hostile, 

or offensive to the employee.

Not all harassment amounts to a violation of the EEO laws. Generally, harassment must 

be severe or pervasive to constitute a violation of law. But, in the interest of stopping 

harassment before it becomes a violation of the EEO laws, the FLRA prohibits not only unlawful 

harassment but all harassing conduct. Accordingly, the FLRA will not tolerate derogatory, 

insensitive, abusive, or otherwise inappropriate behavior that is based on personal characteristics 

protected by anti-discrimination laws, regardless of whether it is of a nature or degree that would 

violate law. 

Each employee must exercise good judgment to avoid engaging in conduct that may be 

perceived by others as harassment. If subjected to harassment, an employee should report it 

immediately to a supervisor or management official, an EEO Counselor, the Human Resources 

Division, or the Inspector General. Failure to report such conduct in a timely manner and failure 

to afford the FLRA the opportunity to take corrective action may jeopardize any claim that the 

FLRA is responsible for the objectionable conduct. 

No FLRA employee is exempt from this policy. Therefore, no one should allow an 

inappropriate situation to continue by not reporting it, regardless of who is creating that 

situation.

In response to every claim reported, the FLRA will conduct a prompt, thorough, and 

impartial investigation and take appropriate corrective and preventative action(s) to include, if 

warranted, discipline against anyone engaging in harassment. To the extent possible, the FLRA 

will protect the confidentiality of anyone who brings a claim of harassment or provides 

information regarding such claims. The FLRA will not retaliate in any way against employees 

who make harassment claims and/or who participate in investigations regarding such claims.

The process outlined above is separate from, and in addition to, the EEO-complaint 

process and other proceedings available for addressing allegations of employment 

discrimination. Using the process described in this policy to report a claim of harassment does 

not satisfy any requirement for filing an EEO complaint or delay the time limits for initiating an 

EEO complaint. If you wish to pursue an EEO complaint alleging workplace harassment based 

on race, color, sex, religion, national origin, age, disability, or genetic information, then you must 

do so separately by filing an EEO complaint, as set forth in FLRA EEO Policy 3701. To file an 

EEO complaint, you must contact an FLRA EEO Counselor within 45 days from: the date of the 

alleged discriminatory action; the effective date of a personnel action alleged to be 

discriminatory; or the date you knew, or reasonably should have known, of the alleged 

discriminatory action. 

Susan Tsui Grundmann

Chairman

October 13, 2023