U.S. FEDERAL LABOR 

RELATIONS AUTHORITY

No FEAR Act Annual Report

Fiscal Year 2023
U.S. Federal Labor Relations Authority

Annual Report Required by Section 203 of the

Notification and Federal Employee Antidiscrimination

and Retaliation Act of 2002 (No FEAR Act)

Fiscal Year 2023

Item 1. Number of cases in Federal Court pending or resolved arising under each of the 

respective provisions of the Federal Antidiscrimination Laws and Whistleblower 

Protection Laws as defined in 5 CFR § 724.102 separated by the provision(s) of law 

involved:

Total cases: 0

Total cases broken down by provision(s) of law involved: Not applicable. 

Item 2. In the aggregate, for cases covered by Item 1 and separated by provisions(s) of 

law involved--

(i): Status or disposition: Not applicable. 

(ii): Amount of money required to be reimbursed to the Judgment Fund: Not 

applicable. 

(iii): Amount of reimbursement to the Judgment Fund for attorney’s fees where 

separately designated: Not applicable. 

Item 3. In connection with the cases covered by Item 1 and separated by the provision(s) 

of law involved, the total number of employees disciplined (i.e., reprimanded, suspended 

without pay, reduced in grade or pay, or removed) and the specific nature of the 

discipline taken:

Total number of employees disciplined: Not applicable. 

Item 4. The final year-end data about discrimination complaints posted in accordance 

with section 301 of the No FEAR Act:

See Attachment (Attach.) 1. 
2

Item 5. The number of employees disciplined for conduct inconsistent with Federal 

Antidiscrimination Laws and Whistleblower Protection Laws or for conduct that 

constitutes another prohibited personnel practice revealed in connection with agency 

investigations of these laws and the specific nature of the disciplinary actions taken:

0

Item 6. A detailed description of the agency’s policy for taking disciplinary action 

against employees for conduct that is inconsistent with Federal Antidiscrimination Laws 

and Whistleblower Protection Laws or for conduct that constitutes another prohibited 

personnel practice revealed in connection with agency investigations of these laws:

The Federal Labor Relations Authority’s (FLRA’s or Agency) prohibits

employment discrimination that is based on activity and personal characteristics 

protected under applicable Federal Antidiscrimination Laws and Whistleblower 

Protection Laws. 

FLRA Policy Number 3701, Equal Employment Opportunity (Attach. 2(a)), 

establishes the FLRA’s policy: to provide equal employment opportunity (EEO) for 

all persons, and to prohibit discrimination in employment because of race, color, 

religion, sex, national origin, age, disability, or genetic information. 

The FLRA’s policy of prohibiting discrimination is also stated in the EEO 

Program Policy Statement (Attach. 2(b)), which the FLRA has: distributed by 

e-mail to all employees; posted throughout the FLRA’s workspaces; and posted on 

the FLRA’s intranet and internet sites. 

In addition, the FLRA’s No FEAR Act Notice (Attach. 2(c)) – which is posted 

on both the FLRA’s intranet and internet sites, and was distributed by e-mail to all 

employees – reaffirms that the FLRA prohibits discrimination based on race, color, 

religion, sex, national origin, age, disability, or genetic information. That Notice 

also specifies that retaliation against employees who engage in whistleblower activity 

is prohibited, and that conduct inconsistent with Federal Antidiscrimination Laws 

and Whistleblower Protection Laws may be subject to appropriate disciplinary 

action. 

Further, the FLRA’s Anti-Harassment Policy (Attach. 2(d)) – which the 

Agency: distributed to all employees by e-mail; posted at the FLRA’s workplaces;

and posted on its intranet and internet sites – informs all employees that anyone 

who engages in workplace harassment based on protected characteristics may be 

subject to disciplinary action. 

Finally, FLRA’s discipline and adverse action policy ensures that individuals

engaging in misconduct must first be given notice of performance problems and 

informal measures – such as counseling, training, and close supervision – should be 
3

employed in an effort to correct the misconduct. Where, however, informal efforts 

to resolve conduct problems are unsuccessful, or if misconduct is sufficiently 

serious, it is the FLRA’s policy to impose discipline that is appropriate to the 

circumstances. This policy is set forth in FLRA Policy 3752, Employee Discipline 

and Adverse Actions (Attach. 2(e)), which addresses discipline and adverse actions 

generally. The policy also covers discipline actions against employees for conduct 

that is inconsistent with Federal Antidiscrimination Laws and Whistleblower 

Protection Laws or conduct that constitutes another prohibited personnel practice. 

Item 7. An analysis of the information provided in Items 1 through 6 to include an 

examination of trends, causal analysis, practical knowledge gained through experience, 

and any actions planned or taken to improve complaint or civil rights programs of the 

agency with the goal of eliminating discrimination and retaliation in the workplace:

During fiscal year (FY) 2023, as well as during the previous five FYs, there 

were no court cases involving allegations that arose under Federal 

Antidiscrimination Laws or Whistleblower Protection Laws. 

In FY 2023, the FLRA received 0 formal EEO complaints compared to 0 in 

FY 2020, 0 in FY 2021, 0 in FY 2020, and 1 in FY 2019. As noted in previous years’ 

reports and reflected in the FLRA’s No FEAR Act data posting (Attach. 1), there 

has been a decline in the number of EEO complaints filed in the past five years. 

Additionally, during FY 2023, the FLRA received the 2022 results of the Office of 

Personnel Management’s Federal Employee Viewpoint Survey, which showed that 

the FLRA ranked fifth among twenty-nine small agencies in Best Places to Work for 

2022.

As noted above, the FLRA provides notice to employees regarding their 

rights under applicable Antidiscrimination Laws and Whistleblower Protection 

Laws. In addition to the No FEAR Act Notice currently posted on its intranet and 

internet sites (Attach. 2(c)), the FLRA posts and disseminates a notice that informs 

all employees of the prohibition on employment discrimination based on race, color, 

religion, sex, national origin, age, disability, genetic information, or retaliation and 

provides information on the procedures for instituting an EEO complaint

(Attach. 2b).

As consistent with OPM regulations implementing the requirements of § 201 

of the No FEAR Act, particularly 5 C.F.R. § 724.403, the FLRA provided 

mandatory biennial No FEAR Act training for all employees, including supervisors 

and managers. The FLRA also provided such training to all new employees hired 

during the FY within 90 days of hire, as required under § 724.403.
4

Item 8. Any adjustment needed or made to the budget of the agency to comply with its 

Judgment Fund reimbursement obligations:

No. 

Item 9. The Agency’s written plan developed in accordance with the No FEAR Act to 

train its employees:

See Attach. 3. 
Attachment 1 
Federal Labor Relations Authority

No FEAR Act Data

(as of 9-30-23)

Page 1 of 10

Complaint Activity

Comparative Data

Previous Fiscal Year Data

2018 2019 2020 2021 2022 2023

Number of Complaints Filed

1 1 0 0 0 0

Number of Complainants 1 1 0 0 0 0

Repeat Filers 0 0 0 0 0 0

Complaints by Basis Comparative Data

Previous Fiscal Year Data

Note: Complaints can be filed 

alleging multiple bases. The sum 

of the bases may not equal total 

complaints filed.

2018 2019 2020 2021 2022 2023

Race 0 1 0 0 0 0

Color 0 0 0 0 0 0

Religion 0 0 0 0 0 0

Reprisal 1 1 0 0 0 0

Sex 0 1 0 0 0 0

National Origin 0 0 0 0 0 0

Equal Pay Act 0 0 0 0 0 0

Age 0 0 0 0 0 0

Disability 0 1 0 0 0 0

Genetic information 0 0 0 0 0 0

Sexual orientation 0 0 0 0 0 0

Non-EEO 0 0 0 0 0 0
Federal Labor Relations Authority

No FEAR Act Data

(as of 9-30-23)

Page 2 of 10

Complaints by Issue Comparative Data

Previous Fiscal Year Data

Note: Complaints can be filed alleging 

multiple issues. The sum of the issues 

may not equal total complaints filed. 2018 2019 2020 2021 2022 2023

Appointment/Hire 0 0 0 0 0 0

Assignment of Duties 0 0 0 0 0 0

Awards 0 0 0 0 0 0

Conversion to Full-time 0 0 0 0 0 0

Disciplinary Action

Demotion 0 0 0 0 0 0

Reprimand 0 0 0 0 0 0

Removal 0 0 0 0 0 0

Suspension 0 0 0 0 0 0

Other 0 0 0 0 0 0

Duty Hours 0 0 0 0 0 0

Evaluation Appraisal 1 1 0 0 0 0

Examination/Test 0 0 0 0 0 0

Harassment

Non-Sexual 1 1 0 0 0 0

Sexual 0 0 0 0 0 0

Medical Examination 0 0 0 0 0 0

Pay (Including Overtime) 0 0 0 0 0 0

Promotion/Non-Selection 0 0 0 0 0 0

Reassignment

Denied 0 0 0 0 0 0

Directed 0 0 0 0 0 0

Reasonable Accommodation 0 1 0 0 0 0

Reinstatement 0 0 0 0 0 0

Retirement 0 0 0 0 0 0

Termination 0 0 0 0 0 0

Terms/Conditions of Employment 0 1 0 0 0 0

Time and Attendance 0 0 0 0 0 0

Training 0 0 0 0 0 0

Other 0 0 0 0 0 0
Federal Labor Relations Authority

No FEAR Act Data

(as of 9-30-23)

Page 3 of 10

Processing Time

Comparative Data

Previous Fiscal Year Data

2018 2019 2020 2021 2022 2023

Complaints pending during 

fiscal year

Average number of 

days in investigation 

stage 204 17 109 0 0 0

Average number of 

days in final action 

stage 118 0 0 0 0 0

Complaint pending during 

fiscal year where hearing 

was requested

Average number of 

days in investigation 

stage 0 0 0 0 0 0

Average number of 

days in final action 

stage 0 0 0 0 0 0

Complaint pending during 

fiscal year where hearing 

was not requested

Average number of 

days in investigation 

stage 204 0 0 0 0 0

Average number of 

days in final action 

stage 118 0 0 0 0 0
Federal Labor Relations Authority

No FEAR Act Data

(as of 9-30-23)

Page 4 of 10

Complaints Dismissed by 

Agency

Comparative Data

Previous Fiscal Year Data

2018 2019 2020 2021 2022 2023

Total Complaints Dismissed 

by Agency 0 0 1 0 0 0

Average days pending prior 

to dismissal 0 0 339 0 0 0

Comparative Data

Previous Fiscal Year Data

2018 2019 2020 2021 2022 2023

Complaints Withdrawn by 

Complainants 0 0 0 0 0 0

Total Final Actions 

Finding 

Discrimination

Comparative Data

Previous Fiscal Year Data

2018 2019 2020 2021 2022 2023

# % # % # % # % # % # %

Total Number Findings 0 0 0 0 0 0

Without Hearing 0 0 0 0 0 0 0 0 0 0 0 0

With Hearing 0 0 0 0 0 0 0 0 0 0 0 0
Federal Labor Relations Authority

No FEAR Act Data

(as of 9-30-23)

Page 5 of 10

Findings of 

Discrimination 

Rendered by Basis

Comparative Data

Previous Fiscal Year Data

Note: Complaints can 

be filed alleging 

multiple bases. The 

sum of the bases may 

not equal total 

complaints and 

findings.

2018 2019 2020 2021 2022 2023

# % # % # % # % # % # %

Total Number 

Findings 0 0 0 0 0 0 0 0 0 0 0 0

Race 0 0 0 0 0 0 0 0 0 0 0 0

Color 0 0 0 0 0 0 0 0 0 0 0 0

Religion 0 0 0 0 0 0 0 0 0 0 0 0

Reprisal 0 0 0 0 0 0 0 0 0 0 0 0

Sex 0 0 0 0 0 0 0 0 0 0 0 0

National Origin 0 0 0 0 0 0 0 0 0 0 0 0

Equal Pay Act 0 0 0 0 0 0 0 0 0 0 0 0

Age 0 0 0 0 0 0 0 0 0 0 0 0

Disability 0 0 0 0 0 0 0 0 0 0 0 0

Genetic Information 0 0 0 0 0 0 0 0 0 0 0 0

Sexual orientation 0 0 0 0 0 0 0 0 0 0 0 0

Non-EEO 0 0 0 0 0 0 0 0 0 0 0 0
Federal Labor Relations Authority

No FEAR Act Data

(as of 9-30-23)

Page 6 of 10

Findings of 

Discrimination 

Rendered by Basis

Comparative Data

Previous Fiscal Year Data

2018 2019 2020 2021 2022 2023

# % # % # % # % # % # %

Findings After Hearing 0 0 0 0 0 0 0 0 0 0 0 0

Race 0 0 0 0 0 0 0 0 0 0 0 0

Color 0 0 0 0 0 0 0 0 0 0 0 0

Religion 0 0 0 0 0 0 0 0 0 0 0 0

Reprisal 0 0 0 0 0 0 0 0 0 0 0 0

Sex 0 0 0 0 0 0 0 0 0 0 0 0

National Origin 0 0 0 0 0 0 0 0 0 0 0 0

Equal Pay Act 0 0 0 0 0 0 0 0 0 0 0 0

Age 0 0 0 0 0 0 0 0 0 0 0 0

Disability 0 0 0 0 0 0 0 0 0 0 0 0

Genetic Information 0 0 0 0 0 0 0 0 0 0 0 0

Sexual orientation 0 0 0 0 0 0 0 0 0 0 0 0

Non-EEO 0 0 0 0 0 0 0 0 0 0 0 0

Findings of 

Discrimination 

Rendered by Basis

Comparative Data

Previous Fiscal Year Data

2018 2019 2020 2021 2022 2023

# % # % # % # % # % # %

Findings Without 

Hearing 0 0 0 0 0 0 0 0 0 0 0 0

Race 0 0 0 0 0 0 0 0 0 0 0 0

Color 0 0 0 0 0 0 0 0 0 0 0 0

Religion 0 0 0 0 0 0 0 0 0 0 0 0

Reprisal 0 0 0 0 0 0 0 0 0 0 0 0

Sex 0 0 0 0 0 0 0 0 0 0 0 0

National Origin 0 0 0 0 0 0 0 0 0 0 0 0

Equal Pay Act 0 0 0 0 0 0 0 0 0 0 0 0

Age 0 0 0 0 0 0 0 0 0 0 0 0

Disability 0 0 0 0 0 0 0 0 0 0 0 0

Genetic Information 0 0 0 0 0 0 0 0 0 0 0 0

Sexual orientation 0 0 0 0 0 0 0 0 0 0 0 0

Non-EEO 0 0 0 0 0 0 0 0 0 0 0 0
Federal Labor Relations Authority

No FEAR Act Data

(as of 9-30-23)

Page 7 of 10

Findings of 

Discrimination 

Rendered by 

Issue

Comparative Data

Previous Fiscal Year Data

2018 2019 2020 2021 2022 2023

# % # % # % # % # % # %

Total Number 

Findings 0 0 0 0 0 0 0 0 0 0 0 0

Appointment/Hire 0 0 0 0 0 0 0 0 0 0 0 0

Assignment of 

Duties 0 0 0 0 0 0 0 0 0 0 0 0

Awards 0 0 0 0 0 0 0 0 0 0 0 0

Conversion to Fulltime 0 0 0 0 0 0 0 0 0 0 0 0

Disciplinary Action 0 0 0 0 0 0 0 0 0 0 0 0

Demotion 0 0 0 0 0 0 0 0 0 0 0 0

Reprimand 0 0 0 0 0 0 0 0 0 0 0 0

Suspension 0 0 0 0 0 0 0 0 0 0 0 0

Removal 0 0 0 0 0 0 0 0 0 0 0 0

Other 0 0 0 0 0 0 0 0 0 0 0 0

Duty Hours 0 0 0 0 0 0 0 0 0 0 0 0

Evaluation 

Appraisal 0 0 0 0 0 0 0 0 0 0 0 0

Examination/Test 0 0 0 0 0 0 0 0 0 0 0 0

Harassment 0 0 0 0 0 0 0 0 0 0 0 0

Non-Sexual 0 0 0 0 0 0 0 0 0 0 0 0

Sexual 0 0 0 0 0 0 0 0 0 0 0 0

Medical 

Examination 0 0 0 0 0 0 0 0 0 0 0 0

Pay (Including 

Overtime) 0 0 0 0 0 0 0 0 0 0 0 0

Promotion/NonSelection 0 0 0 0 0 0 0 0 0 0 0 0

Reassignment 0 0 0 0 0 0 0 0 0 0 0 0

Denied 0 0 0 0 0 0 0 0 0 0 0 0

Directed 0 0 0 0 0 0 0 0 0 0 0 0

Reasonable 

Accommodation 0 0 0 0 0 0 0 0 0 0 0 0

Reinstatement 0 0 0 0 0 0 0 0 0 0 0 0

Retirement 0 0 0 0 0 0 0 0 0 0 0 0

Termination 0 0 0 0 0 0 0 0 0 0 0 0

Terms / Conditions of 

Employment 0 0 0 0 0 0 0 0 0 0 0 0

Time and 

Attendance 0 0 0 0 0 0 0 0 0 0 0 0

Training 0 0 0 0 0 0 0 0 0 0 0 0

Other 0 0 0 0 0 0 0 0 0 0 0 0
Federal Labor Relations Authority

No FEAR Act Data

(as of 9-30-23)

Page 8 of 10

Findings of 

Discrimination 

Rendered by 

Issue

Comparative Data

Previous Fiscal Year Data

2018 2019 2020 2021 2022 2023

# % # % # % # % # % # %

Findings After 

Hearing 0 0 0 0 0 0 0 0 0 0 0 0

Appointment/Hire 0 0 0 0 0 0 0 0 0 0 0 0

Assignment of 

Duties 0 0 0 0 0 0 0 0 0 0 0 0

Awards 0 0 0 0 0 0 0 0 0 0 0 0

Conversion to Fulltime 0 0 0 0 0 0 0 0 0 0 0 0

Disciplinary Action 0 0 0 0 0 0 0 0 0 0 0 0

Demotion 0 0 0 0 0 0 0 0 0 0 0 0

Reprimand 0 0 0 0 0 0 0 0 0 0 0 0

Suspension 0 0 0 0 0 0 0 0 0 0 0 0

Removal 0 0 0 0 0 0 0 0 0 0 0 0

Other 0 0 0 0 0 0 0 0 0 0 0 0

Duty Hours 0 0 0 0 0 0 0 0 0 0 0 0

Evaluation 

Appraisal 0 0 0 0 0 0 0 0 0 0 0 0

Examination/Test 0 0 0 0 0 0 0 0 0 0 0 0

Harassment 0 0 0 0 0 0 0 0 0 0 0 0

Non-Sexual 0 0 0 0 0 0 0 0 0 0 0 0

Sexual 0 0 0 0 0 0 0 0 0 0 0 0

Medical 

Examination 0 0 0 0 0 0 0 0 0 0 0 0

Pay (Including 

Overtime) 0 0 0 0 0 0 0 0 0 0 0 0

Promotion/NonSelection 0 0 0 0 0 0 0 0 0 0 0 0

Reassignment 0 0 0 0 0 0 0 0 0 0 0 0

Denied 0 0 0 0 0 0 0 0 0 0 0 0

Directed 0 0 0 0 0 0 0 0 0 0 0 0

Reasonable 

Accommodation 0 0 0 0 0 0 0 0 0 0 0 0

Reinstatement 0 0 0 0 0 0 0 0 0 0 0 0

Retirement 0 0 0 0 0 0 0 0 0 0 0 0

Termination 0 0 0 0 0 0 0 0 0 0 0 0

Terms / Conditions of 

Employment 0 0 0 0 0 0 0 0 0 0 0 0

Time and 

Attendance 0 0 0 0 0 0 0 0 0 0 0 0

Training 0 0 0 0 0 0 0 0 0 0 0 0

Other 0 0 0 0 0 0 0 0 0 0 0 0
Federal Labor Relations Authority

No FEAR Act Data

(as of 9-30-23)

Page 9 of 10

Findings of 

Discrimination 

Rendered by 

Issue

Comparative Data

Previous Fiscal Year Data

2018 2019 2020 2021 2022 2023

# % # % # % # % # % # %

Findings Without 

Hearing 0 0 0 0 0 0 0 0 0 0 0 0

Appointment/Hire 0 0 0 0 0 0 0 0 0 0 0 0

Assignment of 

Duties 0 0 0 0 0 0 0 0 0 0 0 0

Awards 0 0 0 0 0 0 0 0 0 0 0 0

Conversion to Fulltime 0 0 0 0 0 0 0 0 0 0 0 0

Disciplinary Action 0 0 0 0 0 0 0 0 0 0 0 0

Demotion 0 0 0 0 0 0 0 0 0 0 0 0

Reprimand 0 0 0 0 0 0 0 0 0 0 0 0

Suspension 0 0 0 0 0 0 0 0 0 0 0 0

Removal 0 0 0 0 0 0 0 0 0 0 0 0

Other 0 0 0 0 0 0 0 0 0 0 0 0

Duty Hours 0 0 0 0 0 0 0 0 0 0 0 0

Evaluation 

Appraisal 0 0 0 0 0 0 0 0 0 0 0 0

Examination/Test 0 0 0 0 0 0 0 0 0 0 0 0

Harassment 0 0 0 0 0 0 0 0 0 0 0 0

Non-Sexual 0 0 0 0 0 0 0 0 0 0 0 0

Sexual 0 0 0 0 0 0 0 0 0 0 0 0

Medical 

Examination 0 0 0 0 0 0 0 0 0 0 0 0

Pay (Including 

Overtime) 0 0 0 0 0 0 0 0 0 0 0 0

Promotion/NonSelection 0 0 0 0 0 0 0 0 0 0 0 0

Reassignment 0 0 0 0 0 0 0 0 0 0 0 0

Denied 0 0 0 0 0 0 0 0 0 0 0 0

Directed 0 0 0 0 0 0 0 0 0 0 0 0

Reasonable 

Accommodation 0 0 0 0 0 0 0 0 0 0 0 0

Reinstatement 0 0 0 0 0 0 0 0 0 0 0 0

Retirement 0 0 0 0 0 0 0 0 0 0 0 0

Termination 0 0 0 0 0 0 0 0 0 0 0 0

Terms / Conditions of 

Employment 0 0 0 0 0 0 0 0 0 0 0 0

Time and 

Attendance 0 0 0 0 0 0 0 0 0 0 0 0

Training 0 0 0 0 0 0 0 0 0 0 0 0

Other 0 0 0 0 0 0 0 0 0 0 0 0
Federal Labor Relations Authority

No FEAR Act Data

(as of 9-30-23)

Page 10 of 10

Pending Complaints Filed 

in Previous Fiscal Years by 

Status

Comparative Data

Previous Fiscal Year Data

2018 2019 2020 2021 2022 2023

Total complaints from 

previous Fiscal Years 0 0 1 0 0 0

Total Complainants 1 0 1 0 0 0

Number complaints pending

Investigation 0 0 1 0 0 0

Hearing 0 0 0 0 0 0

Final Action 0 1 1 0 0 0

Appeal with EEOC Office of 

Federal Operations 0 0 0 0 0 0

Complaint Investigations Comparative Data

Previous Fiscal Year Data

2018 2019 2020 2021 2022 2023

Pending Complaints Where 

Investigations Exceeds 

Required Time Frames

0 0 0 0 0 0
Attachment 

2(a) 
1

 WASHINGTON, D.C. 

FLRA Policy No. 3701 

EQUAL EMPLOYMENT OPPORTUNITY Issue Date: 03/22/19

A. GENERAL PROVISIONS

1. Purpose. This policy articulates the Federal Labor Relations Authority’s (FLRA)

dedication to promote and achieve equal opportunity in employment and personnel practices within 

the Agency without regard to race, color, religion, sex, national origin, age, disability, or genetic 

information. 

2. Cancellation. This FLRA policy cancels and supersedes FLRA Instruction No.

3700.1B, Equal Employment Opportunity, dated June 27, 2001. 

3. Definitions.

a. Individual Complaint. An individual complaint is a written complaint of

discrimination filed by an employee, applicant for employment, those found to be employees for 

the purposes of Title VII, or former employee alleging that a specific act of discrimination or 

retaliation (reprisal) has taken place and has adversely affected the individual. (For procedure, see

section C - Individual Complaint Procedures, below). 

b. Mixed Case. A mixed case complaint is a complaint of employment

discrimination based on race, color, religion, sex, national origin, age, disability, or genetic 

information related to or stemming from an action that is appealable to the Merit Systems 

Protection Board (MSPB), such as a removal, demotion, suspension for more than 14 calendar 

days, reduction in force, denial of within-grade increase, or furlough for less than 30 calendar days. 

(See 29 C.F.R. § 1614.302, and procedures at section D – Mixed Cases, below). 

c. Class Complaint. A class complaint is a written complaint filed on behalf of

a class by the agent of the class alleging that an FLRA personnel management policy or practice 

discriminates against a class and the agent has been personally harmed by the policy or practice. A 

class complaint is appropriate where: (1) the class is so numerous that a consolidated complaint of 

the members of the class is impractical; (2) there are questions of fact common to the class; (3) the 

claims of the agent of the class are typical of those of the class; and (4) the agent or representative 

of the class will fairly and adequately protect the interests of the class. (See 29 C.F. R. § 

1614.204(a)(2)). 

i. Class. A group of FLRA employees, former FLRA employees,

those found to be employees for the purposes of Title VII, and/or applicants for FLRA employment 

on whose behalf it is alleged that they have been, are being, or may be adversely affected by an 

FLRA personnel management policy or practice on the basis of their common race, color, religion, 

sex, national origin, age, disability, and/or genetic information.
2

ii. Agent. A class member who acts for the class during the processing

of the class complaint. 

d. An Individual with Disability. An individual who: (1) has a physical or

mental impairment which substantially limits one or more of such person' s major life activities; (2) 

has a record of such an impairment; or (3) is regarded as having such an impairment. (See 29 

C.F.R. § 1630.2(g)(1)(i)-(iii)). This term shall not include an individual who is currently engaging

in the illegal use of drugs, when the FLRA acts on the basis of such use, but may include an

individual who has successfully completed or is currently participating in a supervised

rehabilitation program, or is erroneously regarded as engaging in such drug use. (29 C.F.R. §

1630.3(a)-(b)). See also FLRA Policy 3891 “Reasonable Accommodation Procedures for

Individuals with Disabilities.”

e. Physical or Mental Impairment. (1) Any physiological disorder or

condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body 

systems: neurological, musculoskeletal, special sense organs, cardiovascular, reproductive, 

digestive, respiratory (including speech organs), genitourinary, immune, circulatory, hemic and 

lymphatic, skin, and endocrine; or (2) any mental or psychological disorder, such as an intellectual 

disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. 

(29 C.F.R. § 1630.2(h)(1)-(2)). 

f. Has a Record of Such an Impairment. Means that an individual has a

history of, or has been classified (or misclassified) as having, a mental or physical impairment that 

substantially limits one or more major life activities. (29 C.F.R. § 1630.2 (k)(l)).

g. Is Regarded as Having Such an Impairment. Except as provided in 29

C.F.R. § 1630.15(f), means that an individual is subjected to a prohibited action because of an

actual or perceived physical or mental impairment, whether or not that impairment substantially

limits, or is perceived to substantially limit, a major life activity. Prohibited actions include but are

not limited to refusal to hire, demotion, placement on involuntary leave, termination, exclusion for

failure to meet a qualification standard, harassment, or denial of any other term, condition, or

privilege of employment. (29 C.F.R. § 1630.2(i)(1)).

h. Major Life Activities. These activities include, but are not limited to:

i. Functions, such as caring for one' s self, performing manual tasks,

seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, 

breathing, learning, reading, concentrating, thinking, communicating, interacting with others, 

working; and, 

ii. The operation of a major bodily function, including functions of the

immune system, special sense organs and skin; normal cell growth; and digestive, genitourinary, 

bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, 

lymphatic, musculoskeletal, and reproductive functions. (29 C.F. R. § 1630.2(i)(1)(i)-(ii)).

i. Qualified Individual with Disability. With respect to an individual with a

disability, means that individual satisfies the requisite skill, experience, education and other jobrelated requirements of the employment position such individual holds or desires and, with or 
3

without reasonable accommodation, can perform the essential functions of such position. (29 

C.F.R. § 1630.2(m)).

j. Civil Action. A complaint filed by an employee, class agent, claimant,

applicant for employment, or former employee in a Federal district court. 

4. References.

a. Executive Order 11478 of August 8, 1969, as amended;

b. Public Law 88-352, Title VII of the Civil Rights Act of 1964, as amended

(42 U. S.C. § 2000(e)-16); 

c. Public Law 93-112, The Rehabilitation Act of 1973, as amended (29

U.S.C. §§ 791 and 794(a)); 

d. Public Law 93-259, The Equal Pay Act of 1963, as amended (29 U.S.C.

§ 206(d));

e. Public Law 93-259, Section 15 of the Age Discrimination in Employment

Act of 1967, as amended (29 U.S.C. § 633(a)); 

f. The Equal Employment Opportunity Commission (EEOC) Federal Sector

Complaint Procedures (29 C. F. R. Part 1614); 

g. The EEOC Management Directive, MD-110, as revised (August 5, 2015);

and

h. The Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. §§ 

2000ff-2000ff-11)). 

5. Responsibilities. The responsibility for assuring that equal opportunity is

achieved within the FLRA rests with every employee. The following sets forth specific 

responsibilities for designated officials in discharging specific programmatic aspects of the 

FLRA EEO program. 

a. Chairman. The Chairman of the FLRA has the overall responsibility

for the FLRA EEO program and shall: 

i. Provide personal leadership in establishing, maintaining and

carrying out a continuing affirmative program designed to promote equal opportunity for all 

employees and all applicants for employment in every aspect of the FLRA' s policies and 

practices; 

ii. Provide sufficient resources to carry out a positive, innovative, and

continuing EEO program; and 

iii. Annually review the EEO program to ensure that its direction,

capability, and results are consistent with the stated EEO goals of the Agency. 
4

b. Director, EEO Program. The EEO Director is delegated the authority for

managing the overall FLRA EEO Program and reports directly to the Chairman concerning all 

EEO matters, and shall: 

i. Develop and implement operating guidelines and instructions for

the FLRA EEO programs; 

ii. Make written materials available to all FLRA employees and

applicants concerning all established EEO programs and the administrative and judicial 

procedures available to them, and post the names and business telephone numbers of all EEO 

counselors at each FLRA location; 

iii. Develop EEO reports, as required;

iv. Manage the EEO counseling process, and incorporate alternative

dispute resolution (ADR) procedures wherever deemed appropriate, to attempt to resolve matters 

at the lowest possible level and the earliest possible stage, and to provide a workable process 

of investigations, dispute resolutions, hearings, as necessary, and final decisions; 

v. Participate with the Affirmative Action Director and other public

and private sector employees, groups, and organizations in cooperative action to improve 

employment opportunities for all groups; 

vi. Evaluate periodically the sufficiency and responsiveness of the EEO

Program and report findings with recommendations to the Chairman; 

vii. Evaluate the effectiveness of the FLRA non-EEO programs and

procedures, including general personnel management, the Selective Placement Program, the 

Upward Mobility Program, etc., for factors which may impede EEO progress, and recommend 

improvements; 

viii. Collaborate with the Affirmative Action Director in developing

solutions to barriers related to recruitment, training, employee utilization, and career 

advancement with other individuals within the Agency, including the communication of the 

FLRA EEO policy to all sources of job candidates and solicitation of recruitment assistance from 

those sources on a continuing basis, and the evaluation and training of managers and supervisors 

to ensure their understanding and implementation of this Policy; 

ix. Ensure that the FLRA makes reasonable accommodation regarding

the religious beliefs of all employees and applicants when such accommodations can be made 

without undue hardship on the FLRA; 

x. When authorized by the Chairman, make the final decision on

discrimination complaints, and order such improvements as considered necessary; and 

xi. When not authorized to make the final decision for the Chairman, 

review the record of a complaint before the final decision is made, and make recommendations 

to the Chairman, as appropriate. 
5

c. Director, Affirmative Action Program. The Director of the Human

Resources Division (HRD) is delegated the authority to maintain a continuing affirmative action 

program to promote equal employment opportunity. The FLRA Affirmative Action Program 

Director shall report directly to the Chairman and develop and implement affirmative plans that: 

i. Communicate the Agency’s EEO policy and program to all

sources of job candidates; 

ii. Work with Agency managers to develop solutions to problems of

recruitment, training, employee utilization, and career advancement with other individuals 

within the FLRA; 

iii. Train managers and supervisors to ensure their understanding and

implementation of the EEO Affirmative Action Program; 

iv. Collect and maintain accurate employment information on the

race, national origin, sex, and disabilities of its employees to use in studies and analyses which

contribute to achieving the Agency’s EEO objectives; and

v. Periodically evaluate the efficacy of the Agency Affirmative

Action Program and report findings and recommendations to the Chairman. 

d. EEO Counselors. EEO counselors are selected by the EEO Director. They

make informal inquiries and seek solutions to informal complaints. These duties and

responsibilities are collateral duties which are performed in addition to a counselor’s regular 

duties. EEO counselors shall receive a minimum of 32 hours of appropriate training prior to

assuming their counseling responsibilities, and shall receive a minimum of 8 hours training 

annually. 

e. EEO Investigators. EEO investigators, including contract investigators

where appropriate, are selected by the EEO Director and are responsible for timely investigating 

formal complaints of discrimination submitted by employees, those deemed employees for 

purposes of Title VII, or applicants of the FLRA. EEO investigators shall receive a minimum of

32 hours of appropriate training prior to performing EEO complaint investigations, and shall 

receive a minimum of 8 hours training annually. 

f. Managers and Supervisors. All managers and supervisors are responsible

for promoting and implementing the EEO program in their organizational units, and shall: 

i. Stayinformed of all EEO program policies and procedures;

ii. Comply with FLRA EEO policy as set forth in this Policy;

iii. Ensure that employees working as collateral-duty EEO Counselors

are provided an adequate amount of duty time to carry out their counseling responsibilities in a 

timely and effective manner; 

iv. Provide all employees and applicants equal opportunity within the
6

merit system in employment, development, career advancement, and treatment in their areas of 

responsibility; 

v. Consult with the FLRA Director of Human Resources and/or

the EEO Director on personnel management decisions with EEO implications; 

vi. Provide an atmosphere free from discrimination;

vii. Make reasonable accommodations as required by law; and

viii. Cooperate with EEO Counselors and/or EEO Investigators in

carrying out their EEO responsibilities. 

g. Employees. Employees shall:

i. Keep informed of all EEO program policies and procedures as

required by their job description or performance plan; 

ii. Cooperate with supervisors and managers in carrying out their

responsibilities in the EEO Program; 

iii. Comply with FLRA EEO policy as set forth in this Instruction;

iv. Provide non-discriminatory treatment to all individuals with

whom they are in contact while in the performance of their official duties; and

v. Cooperate with EEO Counselors and/or EEO Investigators in

carrying out their EEO responsibilities. 

B. GENERAL PROVISIONS FOR PR OCESSING COMPLAINTS

1. Coverage. This section covers individual and class complaints of employment

discrimination and retaliation, prohibited by Title VII, as amended, made by employees, former 

employees, those deemed employees for the purposes of Title VII, and applicants who believe 

they have been discriminated against because of race, color, religion, sex, national origin, age, 

disability, genetic information, and/or complaints of retaliation (reprisal), as described below: 

a. Race, Color, Religion, and National Origin. Allegations of discrimination

filed by members of protected categories and allegations of failure to accommodate religious 

needs. 

b. Sex. Allegations of sex discrimination, including sexual harassment,

gender identity, sexual orientation, pregnancy, and sex-based wage claims, filed by either 

women or men. 

c. Age. Allegations of age discrimination filed by persons who were at least

40 years of age when the action complained of took place. (See 29 C.F.R. § 1614.201). 
7

d. Disability. Allegations of discrimination based on physical or mental

impairment, including alleged failures to make reasonable accommodations. (See 29 C.F. 

R. § 1630.2).

e. Genetic Information. Allegations of discrimination based on genetic

information including an individual’s genetic tests, genetic tests of family members, and family 

medical history. 

f. Retaliation (reprisals). Allegations of reprisal in connection with: (i)

opposing an Agency act or practice believed to be discriminatory; (ii) participating in the EEO 

process. (See 29 C.F.R. § 1630.12(a)).

2. Effect of Regulations. This Policy is intended to supplement the procedures

found in 29 C.F.R. Part 1614 and in EEOC MD-110. Employees are advised to consult these 

resources, as well as this Policy. In the event there is a conflict between the provisions of this 

Policy and the applicable regulations, the regulations will govern. 

3. Employee Rights. All employees, those deemed to be employees for purposes of

Title VII, former employees, and applicants for employment have a right to file a discrimination 

complaint. Employees involved in the discrimination complaint process, including 

complainants, class agents, and witnesses, have the right to use a reasonable amount of official 

time under the administrative complaint process, and the right to be free from coercion, 

interference, intimidation, or reprisal. Individuals will be notified of their rights at each stage of

the complaint process. (See section C - Individual Complaint Procedures).

4. Representatives. At any stage in the preparation and presentation of complaints

or administrative appeals from decisions on complaints, complainants have the right to be

accompanied, represented, and advised by a representative of their own choosing, including 

another FLRA employee, provided the choice does not involve a conflict of interest or position 

(e.g., an EEO counselor cannot also represent employees processing discrimination complaints),

does not conflict with the priority needs of the FLRA, and does not give rise to unreasonable 

costs to the Government. A complainant or class agent must promptly notify the EEO counselor 

or EEO Director in writing of the representative’s identity. Any changes must also be reported 

in writing to one of them. The FLRA will designate its Agency representative. The Agency 

representative may not be an EEO staff member, the alleged-responsible management official, or, 

in the case of a class complaint, a member of the class. 

5. Time Extensions. A time limit may be extended if a complainant, agent, or

claimant shows that: a) he/she was not notified and was not otherwise aware of the time limit;

b) he/she did not know or reasonably should not have known that the alleged discriminatory

action occurred; c) circumstances beyond his/her control prevented submission of the matter 

within the time limit; or d) for other reasons considered sufficient by the EEO Director. Time 

limits may also be reasonably extended for other reasons noted in the regulations. (See 29

C.F.R. §§ 1614.105(a)(2), 1614.105(e), 1614.105(f), and 1614.108(e)).

6. Computation of Time. Any time period specified in this chapter will be

computed by counting as the first day the day following the event, such as the day after 
8

receiving a notice. When the last day falls on a Saturday, Sunday, or Federal holiday, the 

time period will be extended to include the next business day. (See 29 C.F.R. § 1614.604). 

C. INDIVIDUAL COMPLAINT PROCEDURES

1. Pre-complaint Procedures. An individual complainant who believes that

he/she has been discriminated against must consult with an EEO counselor before filing a 

complaint in order to pursue an informal resolution of the matter. The counselor may not 

reveal the complainant’s identity during the informal counseling process unless so authorized 

by the complainant. The counselor can be contacted through the EEO Director or by notifying 

one of the EEO counselors listed in the FLRA telephone directory. The counselor must be 

contacted within 45 calendar days of the alleged discriminatory action, the effective date of an

alleged personnel action, or the date that complainant knew, or reasonably should have known, 

of the discriminatory action. In an attempt to resolve the issue on an informal basis, the 

counselor shall advise the complainant, in writing, at the initial counseling session, of his or 

her rights and responsibilities including: 

a. The right to pursue only those matters raised in the pre-complaint process

in a subsequent complaint; 

b. The right to a hearing or an immediate Agency decision after an

investigation; 

c. The right to elect among procedures for pursuing allegations of

discrimination (see 29 C.F.R. §§1614.106, 1614.201, 1614.301, and 1614.302); 

d. The obligation to mitigate damages;

e. The obligation to keep the FLRA and EEOC informed of his or her current

address; and 

f. The obligation to serve copies of an appeal on the FLRA.

g. The counselor shall also inform the complainant of administrative and

judicial time limits. In addition, the counselor shall advise the complainant that, where the FLRA

has deemed ADR appropriate, the complainant may choose either the ADR program or 

counseling. (See 29 C.F.R. § 1614.105). The FLRA ADR program is set forth and described

in an Addendum to this Policy. 

2. Time Limits. The counselor shall conduct the final interview within 30 calendar

days of the date on which the complainant brought the matter to the counselor’s attention. The 

30-day counseling period may be extended for:

a. Up to an additional 60 calendar days if the complainant and the FLRA

agree to such an extension in writing; or

b. 90 calendar days if the FLRA and the complainant agree to participate in

an ADR procedure. 
9

c. If the matter is not resolved to the satisfaction of the complainant, the

counselor shall notify the complainant, in writing, of the right to file a complaint of 

discrimination up to 15 calendar days after complainant’s receipt of the notice. The counselor 

shall also inform the complainant of the appropriate official with whom to file a complaint and

of the complainant’s duty to promptly inform the Agency if the complainant retains a 

representative. (See 29 C.F.R. § 1614.105(d)). 

d. When advised that a complaint has been filed by an aggrieved person, the

counselor shall submit a written report within 15 calendar days to the EEO Director and to the 

aggrieved person concerning the issues discussed and actions taken during counseling. 

3. Manner of Filing. A complaint must:

a. Be signed by complainant, or complainant’s representative, and submitted

to the Chairman; 

b. Describe the specific FLRA personnel management policy or practice

giving rise to the complaint or the action that allegedly harmed the complainant; and 

c. Be filed within 15 calendar days of the date of receipt of the notice

referred to in section C.2. – Time Limits, above. The date of filing is the postmark date rather 

than when the complaint is received by the designated receiving official. 

4. Amendment of Complaints. A complainant may amend a complaint at any time

prior to the conclusion of the investigation to include issues or claims like those raised in the 

complaint. After requesting a hearing, a complaint may be amended only on motion to the 

administrative judge. (See 29 C.F.R. § 1614.106(d)). 

5. Transfer of Received Complaints. Upon receipt of the complaint, the receiving

official shall transmit it to the EEO Director, who shall acknowledge its receipt in accordance 

with paragraph C.6. – Acknowledgement of Complaint, below.

6. Acknowledgment of Complaint. The EEO Director shall acknowledge receipt

of a complaint in writing, and shall inform the complainant of the date on which the complaint 

was filed. Such acknowledgment shall also advise the complainant that: 

a. The complainant has the right to appeal the final decision or dismissal of

all, or (subject to paragraph 7.c. – Where the FLRA determines..., below) a portion of, the 

complaint; and the FLRA is required to conduct a complete and fair investigation of the 

complaint within 180 calendar days of the filing of the complaint, unless the parties agree in

writing to extend the period. 

7. Dismissal of a Complaint.

a. Prior to a request for a hearing, the Chairman, or designee, shall dismiss an

entire complaint for the reasons set forth in 29 C.F.R. § 1614.107, including where: 

i. The complainant has failed to contact an EEO counselor, or has
10

raised a matter that has not been presented to the EEO counselor, and is unrelated to issues 

presented; 

ii. The complaint is not timely filed (see 29 C.F.R. § 1614.107

(a)(2)); 

iii. The complaint lacks specificity and detail;

iv. The complaint involves matters not subject to FLRA control;

v. The complainant fails to state a claim covered in this Policy (see

29 C.F.R. § 1614.107(a)(1)); 

vi. The claim is the same as one pending or previously decided by the

FLRA or the EEOC (see 29 C.F.R. § 1614.107(a)(1)); 

vii. The claim relates to an issue that is moot, or an action that is in

a preliminary stage (see 29 C.F. R. § 1614.107(a)(5)); 

viii. The complainant cannot be located, provided that reasonable

efforts have been made to locate the complainant (see 29 C.F.R. § 1614.107(a)(6)); 

ix. The complainant has failed to: (a) proceed with the complaint

without undue delay; or (b) respond to the Agency’s request to provide relevant information, or 

otherwise proceed with the complaint (see 29 C.F.R. § 1614.107(a) (7)); 

x. The complainant has filed a civil action in a Federal district court

(see 29 C.F.R. § 1614.107(a)(3)); 

xi. The complaint alleges dissatisfaction with the processing of a

previously filed complaint (see 29 C.F.R. § 1614.107(a)(8)); and/or 

xii. The complaint is part of a clear pattern of misuse of the EEO

process. A clear pattern of misuse requires evidence of multiple complaint filings and (1) 

allegations that are similar or identical, lack specificity or involve matters previously resolved; or 

(2) evidence of circumventing other administrative processes, retaliating against the FLRA inhouse administrative processes or overburdening the EEO complaint system. (See 29 C.F.R. §

1614.107(a)(9)).

b. If the Agency determines that the complaint does not meet the

requirements of EEOC regulations, the Agency will give the complainant, and representative, if 

any, a written notice of proposed dismissal of the complaint, and an opportunity to respond, or 

to provide a specific explanation and/or relevant information in writing within 15 calendar days. 

If such an explanation or information is not received within the 15 calendar days, the complaint 

will be dismissed. The Agency will notify the complainant and his/her representative of its 

decision to dismiss the complaint. The content of the final decision is discussed in section 11 –

Final Action by the FLRA, below. Allegations may be withdrawn, in writing, at any time. 
11

c. Where the Agency determines that some, but not all, of the claims in a

complaint should be dismissed, the Agency shall notify the complainant, and representative, if 

any, in writing of its determination, the rationale for that determination, and that those claims 

will not be investigated. A copy of this notice shall be placed in the investigative file. The 

determination is reviewable by an administrative judge if a hearing is requested on the 

remainder of the complaint, but it is not appealable until final action is taken on the remainder 

of the complaint. 

8. Investigation of Allegations.

a. The EEO Director shall provide for an independent, impartial, and prompt

investigation of a complaint. An investigation is conducted in accordance with 29 C.F. R. §

1614.108 and shall include a complete and impartial review of: 

i. The circumstances under which the alleged discrimination occurred;

ii. The treatment of members of the complainant’s group as compared

with the treatment of other employees in the same organization; and

iii. Any work-related policies and practices that may constitute, or

appear to constitute, discrimination even though they have not been expressly cited by the 

complainant. 

b. Time Limits. The Agency will conduct a complete and fair investigation

within 180 calendar days of the filing date of the complaint (29 C.F.R. § 1614.108(e)) or, where 

the complaint has been amended, within the earlier of 180 days after the last amendment of the 

complaint or 360 days after the original complaint was filed (29 C.F.R. § 1614.108(f)), unless 

otherwise directed when an appeal from dismissal is involved. An extension of time is

authorized for not more than: 

i. 90 calendar days if the complainant and Agency agree in

writing; and/or 

ii. 30 calendar days if the complaint file must be sanitized.

c. Authority of the Investigator. An investigator is authorized to:

i. Investigate all aspects of the complaint;

ii. Require all Agency employees to cooperate in the conduct

of investigations; 

iii. Obtain sworn statements from Agency employees who

have knowledge of the events surrounding the complaint; 

iv. Obtain certified copies of relevant documents and information

about a person’s membership, or non-membership, in a complainant’s group; and/or 
12

v. Where appropriate, when a party fails to provide requested

information: (1) draw an adverse inference against the uncooperative party; (2) establish the 

matter to which the requested information relates in favor of the opposing party; (3) exclude 

other evidence submitted by the uncooperative party; (4) issue, in whole or in part, a decision in

favor of the party opposing the uncooperative party; or (5) take other appropriate action. (See 29

C.F.R. § 1614.108(c)(3)).

d. Report of Investigation. A report of investigation will contain relevant

documents and information, including affidavits or other sworn statements acquired during the 

investigation. A copy of the report of investigation will be furnished to the complainant or

complainant’s representative with a notice of complainant’s right to an EEOC hearing or an

immediate final FLRA decision without a hearing. The complainant must notify the EEO

Director in writing of his/her choice within 30 calendar days of receiving the investigation file. 

If complainant does not notify the Agency within the 30-day period, the final FLRA decision 

may be issued. 

9. Hearings. A hearing will be conducted when requested by the complainant, in

writing, within the time limits specified in 29 C.F. R. § 1614.108(f). When a complainant 

requests a hearing, the FLRA shall request the EEOC to appoint an administrative judge to

conduct the hearing. Procedures for the hearing can be found at 29 C.F.R. § 1614.109 and

EEOC MD-110, Chapter 7. Where there is no issue of material facts, findings and conclusions 

may be issued without a hearing or other appropriate action may be taken. (29 C.F.R. §

1614.109(g)). Absent good cause, the administrative judge will issue a decision, and, where 

discrimination is found, order appropriate relief, within 180 calendar days of receipt by the 

administrative judge of the complaint file. 

10. Offer of Resolution (see 29 C.F. R. § 1614.109(c)).

a. The Agency may make an offer of resolution:

i. To a complainant represented by an attorney, at any time after the

filing of a formal complaint, until 30 calendar days prior to a hearing, or

ii. To a complainant not represented by an attorney, at any time after

the appointment of an administrative judge, but not later than 30 calendar days prior to the 

hearing. 

b. An offer of resolution must be in writing and provide:

i. An explanation of the possible consequences of failing

to accept the offer; 

ii. Attorney’s fees and costs, as of the date of the offer;

iii. Any specific non-monetary relief; and

iv. Any monetary relief, which may be offered as a lump

sum, or may be itemized as to amounts and types. 
13

c. The complainant shall have 30 calendar days from receipt of the offer to

accept it. If the complainant does not accept the offer and the relief ultimately awarded, 

whether by an administrative judge, the FLRA, or the EEOC, is not more than the offer, the 

complainant may not recover attorney’s fees or costs incurred after the end of the 30-day 

acceptance period. However, the EEOC may, in unusual circumstances, find that equitable 

considerations make it unjust to withhold such attorney’s fees and costs. 

d. An acceptance of an offer of resolution must be in writing and be

postmarked or received by the Agency within the 30-day period. 

11. Final Action by the F LRA. The Chairman, or designee, shall take the

following final FLRA action on complaints based on information in the complaint file.

a. Where an administrative judge has issued a decision, the FLRA shall issue

a final order within 40 calendar days after receipt of the judge’s decision. 

i. The final order shall notify the complainant whether or not the

Agency will implement the decision and order of the administrative judge, and must inform 

the complainant of the right of appeal, the right to file a civil action, applicable time limits, the 

name and address of the EEOC official with whom to file an appeal, and the name of the 

proper defendant in a civil action. A copy of the EEOC Form 573, Notice of Appeal/Petition, 

shall be attached. (See sections P – Civil Actions, and Q – Confidentiality, below); 

ii. If the final order does not fully implement the administrative

judge’s decision and order, the Agency shall simultaneously file an appeal with the EEOC and

append a copy of the appeal to the final order. 

iii. If the Agency fails to issue a final order within the 40-day

period, the decision of the administrative judge becomes the final action of the Agency. 

b. When the Agency dismisses a complaint in its entirety, receives a request

for a final decision or does not receive a response to the notice referenced in section C.7 –

Dismissal of a Complaint, above, it shall issue a final decision. The final decision shall include: 

i. Findings on the merits of each issue in the complaint, or, as

appropriate, the rationale for dismissing any claims in the complaint; 

ii. When there is a finding of discrimination, appropriate remedies

and relief in accordance with 29 C.F. R. § 1614.501; and

iii. When there is a finding of discrimination, the complainant and

complainant’s representative will be notified that in order to request attorney' s fees or costs, a 

verified statement of costs and fees accompanied by an affidavit, executed by the attorney, must 

be submitted to the Agency within 30 calendar days of receipt of the final decision. (See section 

O – Appeals to the EEOC, below). 

c. Time Limits. The Chairman, or designee, shall issue a final decision

within 60 calendar days after: 
14

i. Receiving a request for an immediate final FLRA decision;

ii. The 30-day period for requesting a hearing or an immediate final

FLRA decision has expired, and the complainant has requested neither a hearing nor a final 

FLRA decision. 

d. Transmittal of Decision. The final decision shall be transmitted to the

complainant and complainant’s representative by a method that will show the date of issuance 

and receipt. 

D. MIXED CASES

1. Choice of Procedures. Where a personnel action is appealable to the MSPB, an

employee may appeal to the MSPB or file a discrimination complaint, but not both. The choice is 

made when a timely appeal is filed with the MSPB, or a formal complaint of discrimination is filed 

with the FLRA. (See 29 C.F.R. § 1614.302). 

2. Mixed Case Appeals. When an individual elects to file a mixed case appeal with

the MSPB, the matter is processed pursuant to MSPB procedures. (See 5 C.F.R. § 1201). 

3. Mixed Case Complaints. When an individual elects to file a formal discrimination

complaint with the FLRA, it is processed pursuant to section C – Individual Complaint Procedures, 

above, with the following exceptions: 

a. A complainant’s appeal from a final FLRA decision and request for a

hearing is made to the MSPB, not the EEOC; 

b. A final FLRA decision shall be made within 45 calendar days after

completion of the investigation without a hearing; or 

c. If a final FLRA decision is not issued within 120 calendar days from the

filing of a formal complaint, an employee may appeal to the MSPB at any time thereafter as 

specified at 5 C.F.R.§ 1201.154((b)(2), or may file a civil action as specified at 29 C.F.R.§ 

1614.310(g), but not both. 

4. Dismissal of Mixed Case Complaints. Mixed case complaints shall be dismissed

for the reasons specified in section C.7 – Dismissal of a Complaint, above, and additionally shall 

be dismissed if the complainant has made a prior election of the MSPB procedures. (29 C.F.R. § 

1614.302(c)(2)). 

5. Petition for Review of Final MSPB Decisions Involving Allegations of

Discrimination. An individual who has been before the MSPB with a matter involving allegations 

of discrimination and has received a final MSPB decision may petition the EEOC to consider the 

MSPB decision on the discrimination issues within 30 calendar days after receipt of notice of the 

final MSPB decision, or within 30 calendar days after the decision of an MSPB field office 

becomes final. (See 29 C.F.R. § 1614.303). 

6. Review Procedures. The procedures governing petitions for review of final MSPB

decisions are set forth in 29 C.F.R. § 1614.303-305.
15

E. GRIEVANCE PROCEDURES. The FLRA’s administrative grievance procedure does

not permit the filing of grievances over matters covered by this Policy.

F. AGE DISCRIMINATION COMPLAINT PROCEDURES

1. Administrative Complaint. An individual within the protected age group may

choose to use either the EEO complaint procedure, or mixed case procedures, as applicable to the 

circumstances of the case. 

2. Civil Action. As an alternative to filing a complaint, an aggrieved individual may

bypass the administrative complaint process and file a civil action directly in an appropriate United 

States district court. (See section P.3.c. – Age Complaints, and 29 C.F.R. § 1614.201(a)). 

G. CLASS COMPLAINT PROCEDURES (see 29 C.F.R. § 1614.204)

1. Pre-complaint Procedures. Paragraph C.1. – Pre-complaint Procedures, above,

applies to class complaints, with the following exceptions: 

a. An employee or applicant who wishes to pursue a class complaint will be

the agent of the class (hereinafter referred to as "agent"); and

b. The counselor shall explain class complaint procedures and the agent’s

responsibilities. 

2. Manner of Filing. Paragraph C.3. – Manner of Filing, above, applies to class

complaints, with the following exceptions: 

a. The term "agent" is substituted for complainant; and

b. The complaint must describe the policy or practice adversely affecting

both the class and agent. 

3. Acceptance or Dismissal of a Complaint.

a. Within 30 calendar days of the Agency’s receipt of a complaint, the EEO

Director will forward the complaint, a copy of the EEO counselor’s report, relevant information, 

and Agency recommendations to the EEOC. The EEOC will assign the complaint to an

administrative judge. The administrative judge may dismiss the complaint for any of the reasons 

found in paragraph C. 7. – Dismissal of a Complaint, above, or because the complaint does not 

meet the prerequisites of a class complaint. 

b. The administrative judge will transmit the decision to accept or dismiss the

class complaint to the Agency and the agent. The FLRA must issue its final order within 40

calendar days of receipt of the administrative judge’s decision. 

i. The final order shall notify the agent whether or not the Agency

will implement the decision and order of the administrative judge, and must inform the agent of 

the right of appeal, the right to file a civil action, applicable time limits, the name and address 
16

of the EEOC official with whom to file an appeal, and the name of the proper defendant in a 

civil action. A copy of the EEOC Form 573, Notice of Appeal/Petition, shall be attached. 

(See sections P – Civil Actions, and Q – Confidentiality, below).

ii. If the final order does not fully implement the administrative

judge’s decision and order, the Agency shall simultaneously file an appeal with the EEOC and

append a copy of the appeal to the final order. 

iii. If the Agency fails to issue a final order within the 40-day period,

the decision of the administrative judge becomes the final action of the FLRA. 

iv. A dismissal of a class complaint shall inform the agent either that

the complaint is being accepted as of that date as an individual complaint to be processed under 

section C – Individual Complaint Procedures, above, or that the complaint is also being 

dismissed as an individual complaint. 

c. Within 15 calendar days of receiving notice that the administrative judge

has accepted a class complaint (or a reasonable time set by the administrative judge), the FLRA 

shall, by reasonable means, notify all class members of the acceptance of a class complaint. 

4. Obtaining Evidence.

a. Once the class complaint is accepted, the agent, or the agent’s

representative, and the Agency representative shall be given a period of at least 60 calendar 

days to prepare their cases and develop evidence through accepted discovery techniques. The 

time for developing evidence may be extended, upon the request of either party, by the 

administrative judge. 

b. If cooperative efforts fail, either party may request a ruling from the

administrative judge on a request to develop evidence. Failure to comply with such a ruling 

without good cause may result in the administrative judge’s action(s) set forth at 

29 C.F.R. § 1614.204(f). 

c. During the period for development of evidence, the administrative judge

may direct that an investigation of facts relevant to the complaint be conducted by an outside 

Agency certified by the EEOC, and that a copy of that investigative file be given to the 

representatives of each party. 

5. Opportunity for Resolution. After the evidence is developed, the

administrative judge shall furnish the agent, or the agent’s representative, and the Agency 

representative a copy of all pertinent documents and provide opportunities for discussion and

resolution. Any resolution will be reduced to writing, signed by the agent and/or class

representative, and the Agency’s representative. The complaint may be resolved at any time

pursuant to the notice and approval provisions set forth below. 

a. Notice. If a resolution is proposed, notice must be given, where possible,

to all members of the class. The notice must include a copy of the proposed resolution, set out 

the relief, if any, the Agency will grant, and inform the class members that the resolution will 
17

bind all class members. The notice must also inform the members of the right to object to the 

resolution to the administrative judge within 30 days of receipt of the notice. 

b. Approval. The Agency will provide the administrative judge with the

proposed resolution and the notice sent to the class members. If the administrative judge 

determines that the resolution is not fair, adequate and reasonable, the agreement between the 

class agent and the Agency will be vacated. The class agent, class members and the Agency 

may appeal the determination to the EEOC. If the administrative judge determines that the 

resolution is fair, adequate and reasonable, the resolution becomes binding. Any class member 

who filed objections to the proposed resolution may appeal the administrative judge’s decision. 

6. Hearings. A hearing shall be conducted in accordance with 29 C.F.R.

§ 1614.109 (a)-(f).

7. Findings and Recommended Decision. The EEOC will send the hearing record,

analysis and findings, and recommended decision on the complaint to the FLRA Chairman, or 

designee, and will notify the agent of the date on which this was done. 

8. Final F LRA Decision. Within 60 calendar days of receipt of the administrative

judge’s findings and recommendations, the Agency must issue a decision to accept, reject, or 

modify those findings and recommendations. If the Agency does not issue a decision within 60

calendar days, the administrative judge’s findings and recommendations become the decision of 

the Agency. The decision shall be served on the class agent within 5 calendar days after the 

expiration of the 60-day period. 

a. If the final FLRA decision dismisses the class element of the complaint,

the allegations of individual discrimination shall be processed under section C – Individual 

Complaint Procedures, above. 

b. A final decision finding discrimination is binding on the class. A finding

of no discrimination is not binding on a class member’s individual complaint. 

c. The Agency shall notify class members of the final decision and the relief

awarded, if any, through the same medium used to give notice of the existence of the class

complaint and within 10 calendar days of transmittal of the decision to the agent. 

H. COMPLAINTS BASED ON PHYSICAL OR MENTAL DISABILITY

1. The Agency shall make reasonable accommodation to the known physical or

mental disability of a qualified applicant or employee unless it can demonstrate that the 

accommodation would impose an undue hardship on the operation of its program. (See 29

C.F.R. § 1630.2(o)(4) or FLRA Policy 3891 Reasonable Accommodation for Individuals with

Disabilities).

2. Reasonable accommodation may include, but shall not be limited to:
18

a. Making facilities readily accessible to, and usable by, disabled persons;

b. Job restructuring, part-time or modified work schedules, reassignment to a

vacant position, acquisition or modification of equipment or devices, appropriate adjustment or 

modification of examinations, training materials or policies; 

c. Provision of readers and interpreters, or other similar actions.

3. In determining whether an accommodation would impose an undue hardship on

the operation of the Agency, factors to be considered include: (a) the overall size of the 

Agency’s program with respect to the number of employees, number and type of facilities, and

budget; (b) type of Agency operation, including the composition and structure of the Agency’s

work force; and (c) the nature and cost of the accommodation. 

I. COMPLAINTS OF RETALIATION (REPRISAL)

1. Manner of Filing. Any employee who believes he/she has suffered retaliation

(reprisal) based on his/her: 

a. Opposition to discriminatory FLRA policies or practices; and/or

b. Participation in a discrimination complaint procedure, may file formal

charges of retaliation (reprisal). Allegations of retaliation (reprisal) may be processed as

an individual complaint of discrimination, or as a mixed case if related to an Agency action 

which is appealable to the MSPB. (See sections C – Individual Complaint Procedures, D –

Mixed Cases, and E – Grievance Procedures, above). 

2. Allegations at Hearing Stage. If a complainant alleges coercion, interference,

intimidation, discrimination, or reprisal, during the hearing stage, the EEOC may consolidate 

the allegations with any pending complaint. 

J. COMPLAINTS AGAINST THE CHAIRMAN, THE EEO DIRECTOR, OR AN

EEO COUNSELOR

1. Chairman. When the FLRA Chairman is named in an individual capacity in a

complaint of discrimination, a designee named by the Chairman will take any action that is

otherwise the primary responsibility of the Chairman. 

2. EEO Director or E EO Counselor. The EEO Director and EEO counselors

shall not participate in the complaint process if named in any capacity in a complaint of

discrimination. The EEO Director shall notify the FLRA Chairman of his/her disqualification 

and shall refer the complaint file to the Chairman. The Chairman shall designate a person to

receive and process the complaint. 

K. COMPLIANCE WITH SETTLEMENT AGREEMENTS

1. When a complainant believes that the Agency has failed to comply with the terms

of a settlement agreement, he/she must notify the EEO Director in writing, within 30 calendar 
19

days of when he/she knew or should have known of the alleged noncompliance. (See 29

C.F.R. § 1614.504 and paragraph O.4. – Time Limits, below; MD-110, Chap. IX, F.). The

complainant may request that the agreement be specifically implemented or that the complaint

be reinstated.

2. The Agency shall respond to the complainant in writing. If the Agency fails to

respond or the complainant is dissatisfied with the response, the complainant may appeal to the 

EEOC in accordance with 29 C.F.R. § 1614.504. The complainant may file an appeal 35

calendar days after serving the EEO Director with the allegations of noncompliance, but must 

file an appeal within 30-days of the Agency response. 

L. COMPLAINTS ALLEGING VIOLATION OF THE EQUAL PAY ACT

1. Complaints alleging violation of the Equal Pay Act may be filed as an individual

or class complaint. (See sections C – Individual Complaint Procedures, and G – Class Complaint 

Procedures, above, 29 C.F.R. § 1614.202, and C.F.R. § 1614.409). 

2. In its enforcement of the Equal Pay Act, the EEOC has the authority to

investigate FLRA employment practices on its own initiative at any time in order to determine 

compliance with the provisions of the Act. The EEOC will provide notice to the Agency when it

will be initiating an investigation. 

M. CONSOLIDATION AND JOINT PROCESSING OF COMPLAINTS (see 29 C.F.R.

§ 1614.606)

1. Complaints filed by different persons relating to the same or similar issues may,

after appropriate notice to the parties, be consolidated for joint processing. 

2. Two or more complaints of discrimination filed by the same individual shall be

consolidated after appropriate notice to the complainant. There is one investigation, one 

attempted informal adjustment, one proposed disposition, and one hearing when complaints have 

been joined for processing. 

N. ATTORNEY’S FEES AND COSTS (29 C.F. R. § 1614.501(e))

1. The Agency is authorized to award reasonable attorney’s fees or costs incurred in

the processing of an administrative complaint when there is a finding of discrimination or 

retaliation (reprisal), as follows: 

a. Attorney’s fees may be awarded for services performed after the filing of

the complaint and after the complainant has notified Agency that (s)he is represented; and 

b. Attorney’s fees may be awarded only to members of the bar and law

clerks, paralegals, or law students under the supervision of members of the bar. No fees may be

awarded, however, for the services of any employee of the Federal Government. 

2. The amount of the attorney’s fees and costs is determined under 29 C.F.R. §

1614.501(e). If the Agency determines not to award attorney’s fees or costs to a prevailing 
20

complainant, it will give specific reasons for denying the award. Attorney’s fee awards may be 

appealed to the EEOC. (See section O – Appeals to the EEOC, below). 

O. APPEALS TO THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

1. Procedures. The procedures governing appeals on individual and class

complaints and grievances (if applicable) are found at 29 C.F.R. § 1614.401-405. A written 

appeal must be submitted by mail, personal delivery or facsimile ((202) 663-7022) to the 

Director, Office of Federal Operations, EEOC, P.O. Box 77960, Washington, D.C. 20013. The 

complainant should use EEOC Form 573, Notice of Appeal/Petition, and describe the FLRA 

decision giving rise to the appeal. (See 29 C.F. R. § 1614.403(a)). 

2. Appealable Matters. Appealable matters include:

a. Dismissal of an entire complaint;

b. The final FLRA decision on the merits and/or partial dismissal of the

complaint; 

c. The award of attorney’s fees or costs; and

d. Failure to comply with the terms of a settlement agreement. (See 29

C.F.R. § 1614.504).

3. Non-appealable Decisions. A complainant may not appeal to the EEOC when:

a. The Agency dismisses some but not all claims in a complaint;

b. A determination has not been made on all issues in the complaint;

c. The issue of discrimination giving rise to the complaint is being

considered, or has been considered, in connection with any other appeal by the complainant to

the EEOC; 

d. A final FLRA decision has been issued on the merits of the mixed case

complaint; or 

e. An FLRA decision rejects or cancels a mixed case complaint, unless a

misapplication of procedures is alleged. 

4. Time Limits.

a. FLRA Decisions. A complainant may appeal any matters, outlined in

paragraph O.2. – Appealable Matters, to the EEOC within 30 calendar days of receiving 

the dismissal or final decision. If there is an attorney of record, the 30-day period will run 

from the day the attorney received the dismissal or final FLRA decision. Time limits may 

be extended, at the discretion of the EEOC Office of Federal Operations, upon a showing 

that complainant was not notified of the time limit and was not otherwise aware of it, or that 
21

circumstances beyond his/her control prevented the filing of an appeal within the time limit. 

b. Non-compliance Complaint. If the Agency fails to respond, in writing,

within 30 calendar days of receipt of allegations of noncompliance, or if complainant is not 

satisfied with the Agency’s attempt to resolve the allegations, the complainant may appeal to the 

EEOC. A complainant may file an appeal 35 calendar days after the service of the allegations of 

noncompliance, but must file within 30 calendar days after receiving the final FLRA decision. 

5. Briefs. Any statement or brief in support of the appeal must be submitted to

EEOC and FLRA representatives within 30 calendar days of filing the appeal. 

P. CIVIL ACTIONS (see 29 C.F. R. §§1614.407-409)

1. Statutory Rights. The FLRA will notify complainants, agents, and claimants, of

the right to file civil actions and the applicable time frames. 

2. Proper Defendant. When a civil action is filed, the FLRA Chairman is the

appropriate official to be named as defendant in captioning the complaint. 

3. Time Limits.

a. Individual and Class Complaints and Claims. A complainant or class agent

may file a civil action alleging Title VII, Age Discrimination in Employment Act, or 

Rehabilitation Act violations in an appropriate Federal district court: 

i. Within 90 calendar days of receiving notice of the final FLRA

decision on a complaint or claim where no appeal has been filed; 

ii. After 180 calendar days of filing a complaint or claim with the

Agency, if there has been no decision on the complaint or claim; 

iii. Within 90 calendar days of receiving the final EEOC decision on an

appeal; or 

iv. After 180 calendar days of filing an appeal with the EEOC, if there

has been no final EEOC decision. (See 29 C.F.R. § 1614.407). 

v. A complainant or class agent may file a civil action alleging

violation of the Equal Pay Act in an appropriate Federal district court within two years or, if the 

violation is willful, within three years of the alleged violation. (See 29 C.F.R § 1614.408).

b. Mixed Case Complaints. A mixed case complainant may file a civil

action in an appropriate Federal district court within 30 calendar days of receiving: 

i. The final FLRA decision, unless an appeal is filed with MSPB;

ii. The MSPB decision, unless a petition for consideration is filed

with the EEOC; 
22

iii. The EEOC decision not to consider the MSPB decision;

iv. The EEOC concurrence with the MSPB decision;

v. The MSPB concurrence and adoption of the EEOC decision, if

the EEOC differs from the MSPB decision; and

vi. The Special Panel decision, if MSPB disagrees with the EEOC

decision and reaffirms its initial decision with or without revisions. 

vii. A civil action may also be filed:

(1) After 120 calendar days of filing a complaint with the

Agency if there has been no final FLRA decision on the complaint; 

(2) After 120 calendar days of filing an appeal with MSPB if

there has been no decision on the appeal; or 

(3) After 180 calendar days of filing a petition for

consideration with EEOC if there is no decision by the Commission, reconsideration decision

by the MSPB, or decision by the Special Panel. (See section D – Mixed Cases, above, a n d / o r 

29 C.F.R. § 1614.310). 

c. Age Complaints. A complainant or agent may serve the EEOC with a

notice of intent to file a civil action, and after 30 calendar days, may file a civil action in an

appropriate Federal district court. The notice of intent must be filed within 180 calendar days 

after the alleged discriminatory act occurred. (See 29 C.F.R. § 1614.201). 

Q. CONFIDENTIALITY

1. Pre-complaint Process. The identity of an aggrieved person will be

maintained on a confidential basis in the pre-complaint process unless the person authorizes 

the counselor to reveal the person’s identity. 

2. Post-complaint Process.

a. The complainant, the complainant’s representative, and the Agency

representative will be provided copies of the complaint file and the investigative report. 

b. Information and documents may also be disclosed to a witness who is a

Federal employee where the investigator determines that the disclosure of the information is

necessary to obtain further information from the witness (see MD-110, Chapter 6, § VIII.A.). 

R. USE OF OFFICIAL TIME AND RESOURCES

1. Official Time and Resources. FLRA employees involved in the complaint

process, such as complainants, agents, witnesses, and representatives, have the right to use a 

reasonable amount of official duty time and Agency resources, including library research, 
23

copy machines and office supplies, as needed, to prepare a complaint under this Policy. 

2. Reasonable refers to the time necessary to allow a complete presentation of

information associated with the complaint. The time will vary depending on the nature and

complexity of the complaint and the Agency’s need to have its employees available to perform 

their normal duties on a regular basis. 

3. Official duty time refers to time used during working hours without charge to

leave or loss of pay. 

a. Employees who do not request anonymity during pre-complaint procedures

or who file a formal complaint must get advance approval from their immediate supervisors to

use official time prior to meeting with EEO personnel. 

b. Employees who request anonymity during pre-complaint procedures must

use annual leave, or schedule meetings with EEO personnel before or after regular office hours 

or during scheduled lunch periods. 

This policy is effective on March 22, 2019. 

William Tosick 

Executive Director 
24

Addendum 

FLRA Alternative Dispute Resolution (ADR) for EEO Disputes 

The FLRA ADR program provides an alternative to the informal counseling process and an option 

during the formal complaint process, currently provided for in the EEOC regulations codified in 

29 C.F.R. Part 1614. This ADR program supersedes all other existing EEO-related ADR 

programs at the Agency. 

A. INTRODUCTION

1. The ADR program as described below will be administered in a manner that is

consistent with the core principles as outlined in the EEOC Management Directive (MD-110), 

including fairness, flexibility, and an emphasis on training and evaluation. 

2. The FLRA ADR program includes but is not limited to, mediation, and is available

as an alternative to informal EEO counseling, or during the formal complaint process, for 

aggrieved persons who believe they have been discriminated against based on race, color, religion, 

sex (including sexual harassment), national origin, age, disability (mental and/or physical), genetic 

information, and retaliation (reprisal), coercion or intimidation as referenced in the FLRA EEO 

Policy (to which this ADR program notice is attached). 

3. The ADR program is designed to settle disputes without litigation or administrative

adjudication. ADR is intended to address individual disputes within a reasonable period at the 

informal stage of the EEO process by using trained mediators to facilitate resolution. If ADR is 

chosen during the informal counseling stage, the initial 30 day informal period is extended to 90 

calendar days. This replaces the informal counseling process. The second opportunity for ADR is 

during the formal complaint process. A formal complaint must be timely filed, and if ADR is 

requested during that stage of the process, the time period for processing the complaint may be 

extended by agreement for not more than 90 days. If the dispute is not resolved, the complaint 

must be processed within the extended time period. 

4. The aggrieved person may request ADR, or its use may be recommended by a

management official or an EEO counselor. 

5. Participation in the ADR program by the aggrieved person is strictly voluntary.

However, when the aggrieved person elects to participate in the ADR program, appropriate 

management officials are required to participate in this program as well. Management will abide 

by the procedural requirements of the ADR program. The Agency will designate management 

officials who have the authority to enter into a settlement agreement. This official with settlement 

authority will not be the official directly involved in the case. As explained below, the aggrieved 

person and FLRA management are entitled to be represented throughout the ADR process. 

6. Due to the voluntary nature of this process, the aggrieved person can terminate

ADR after sessions have begun. Participants are advised that this is an alternative process, and 

therefore all EEO processes are still available if ADR is not successful. 
25

B. DIFFERENCES BETWEEN INFORMAL COUNSELING AND MEDIATION

1. EEO Counseling. During the informal counseling period, an EEO counselor works

with the aggrieved person and management to gather information on the matter and attempts to 

resolve the dispute. If the matter is not resolved during this period, the EEO counselor writes a 

counseling report that documents the alleged discrimination and any attempts at settlement. The 

counseling report must detail the issue(s), basis of discrimination claimed, and address any other 

jurisdictional questions. The counseling report is subsequently used in the processing of the formal 

complaint to determine the scope of the complaint. Counselors are trained to gather information 

(interview witnesses and gather records and documents) about the matter in order to effectively 

write the counseling report. The EEO counselor generally focuses on gathering information from 

each individual separately. Informal resolution efforts by the counselor are usually pursued by 

circulating information and resolution proposals between the parties rather than directly holding 

joint discussions. 

2. ADR

a. ADR involves alternatives to formally established processes, usually

litigation, for resolving disputes. In the context of EEO processes, ADR generally provides an 

alternative to the traditional informal EEO counseling and/or formal complaint processes. ADR 

usually involves a third-party neutral such as a mediator or facilitator working with the parties in 

dispute to facilitate communication and to assist them in working toward a resolution of their 

dispute. Generally, the third-party neutral is a process expert, skilled in a particular type of ADR. 

b. The FLRA ADR program is available at any time during the EEO process.

However, the objective is to seek informal resolution of alleged employment discrimination 

through the Agency EEO process at the earliest possible time while not infringing upon the rights 

guaranteed under 29 C.F.R. Part 1614. 

c. Mediators are neutral third parties whose focus is to facilitate

communication and problem solving by the individual disputants. Mediators work to identify 

common ground between the parties and help them develop options for resolving their dispute. 

The mediator is someone from outside the disputants' office/organization who has no interest in the 

matter. The mediator meets with the disputing parties and their representative(s) (if any) jointly to 

discuss the issues and ways of possibly resolving the dispute. 

d. The mediator may meet separately with the parties, namely the management

representative with authority to settle on behalf of the FLRA and with the aggrieved person with 

any representative, to further discuss the issues and explore possible settlement options privately. 

The mediator may carry settlement offers between the parties. Mediators do not evaluate the 

merits of the matters in dispute or the fate of the potential case if the matter is not resolved through 

mediation and is pursued through the formal complaint process and litigation in the courts. 

However, the mediator may provide information about the resolution of similar disputes. The 

parties retain complete control over the outcome. The parties decide whether or not to continue 

with mediation, whether or not to resolve the matter through a settlement agreement, and how to 

fashion the terms of their agreement. Mediation is a confidential process, as more fully discussed 

in section D, below. The mediator does not keep records or write reports or otherwise disclose 

anything about the mediation proceedings. Because they have no role in documenting the matter, 

mediators do not engage in fact-finding activities. If the mediation does not result in a resolution 
26

of the matter during the informal stage, the EEO Counselor will be informed only that mediation 

has not resolved the dispute. Thereafter, the aggrieved person will receive written notice from the 

EEO counselor that if he/she wishes to go forward with the dispute, a formal complaint must be 

filed with the EEO Director. The mediator will play no role in advancing the EEO process. 

Mediation may continue, however, into the formal stage of the complaint process so long as a 

formal written complaint has been timely filed. 

C. ADR PROGRAM COVERAGE. This ADR program covers EEO disputes initiated by

all current employees, those deemed employees for purposes of Title VII, former employees

concerning matters arising during their employment, and applicants for FLRA employment. Also,

the program covers aggrieved persons who are currently involved in the pre-complaint counseling

stage. However, for the latter instances, the pre-complaint process cannot extend the period for

filing a formal EEO complaint beyond the 90 day period (discussed during the introduction of this

addendum) provided in 29 C.F.R. Part 1614 for informal counseling. Even if the aggrieved person

files a formal complaint, any informally initiated ADR process may continue, if all parties agree.

D. CONFIDENTIALITY

1. In general, a mediator is prohibited from disclosing any dispute resolution

communication or any communication provided to the mediator in confidence, including personnel 

data, such as performance evaluations. A dispute resolution communication is any oral or written 

communication prepared for purposes of a proceeding under this program, except any written 

agreement to mediate or any final written agreement reached as a result of this program. Unless 

the communication falls within one of the exceptions discussed below, the mediator cannot 

voluntarily disclose the communication and cannot be forced to disclose the communication 

through a discovery request or other compulsory process. 

2. A mediator may disclose a communication if all parties and the mediator agree in

writing to the disclosure. A mediator may disclose a communication if the communication already 

has been made public. A mediator may disclose a communication if there is a statute that requires 

the communication to be made public. A mediator may disclose a communication if so ordered by 

a court. Courts may order disclosure upon finding that the mediator's testimony or the disclosure is 

necessary to prevent a manifest injustice, help establish a violation of law, or prevent harm to the 

public health and safety. Courts may require disclosure upon determining that the need for 

disclosure outweighs the detrimental impact on the integrity of dispute resolution proceedings in 

general. 

3. The aggrieved person is advised that these provisions are consistent with and do not

supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by 

existing statute or Executive order relating to (a) classified information, (b) communications to 

Congress, (c) the reporting to an Inspector General of a violation of any law, rule, or regulation, or 

mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger 

to public health or safety, or (d) any other whistleblower protection. The definitions, requirements, 

obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory 

provisions are incorporated into this agreement and are controlling. 

4. The EEO Director or his/her designee will assure that all aggrieved parties and

mediators are familiar with these confidentiality provisions. 
27

E. PROCEDURES. The procedures for electing either mediation or the traditional EEO

counseling process are outlined below. These procedures also apply where mediation is elected

after a formal written EEO complaint has been filed.

1. As set forth in the EEO Policy, when an aggrieved person timely contacts an EEO

Counselor alleging specific grounds for believing that unlawful discrimination has occurred, the 

EEO Counselor will inform the aggrieved person of the ADR option and provide him/her with a 

copy of the ADR program. If deemed necessary, the aggrieved person may contact the EEO 

Director for further explanations concerning how ADR works generally. 

2. The EEO Counselor will also advise the aggrieved person of his or her rights and

responsibilities in the EEO process, as set forth in 29 C.F.R. § 1614.105(b). 

3. The initial contact with the EEO Counselor will start the time limits provided in

EEOC regulations for informal counseling. If the person elects to use ADR instead of counseling, 

the 30-day informal counseling period shall be extended to 90-days. 

4. If the aggrieved person chooses to use ADR, he or she must fill out the ADR

Request Form (Form A). 

5. The EEO Counselor will contact the EEO Director for assistance in obtaining names

of mediators within 5 working days of the notification that ADR has been chosen by the aggrieved 

person. Mediators must be mutually agreeable to the aggrieved person and the appropriate 

management official(s). 

a. Mediators will come from the following sources:

i. The Federal Sharing Neutrals Program, and/or

ii. The private sector.

b. All mediators must meet minimum training and qualification requirements

as defined in the EEOC Management Directive (MD)-110. 

6. The EEO Director will coordinate the mediation effort, having primary

responsibility for logistical arrangements. The EEO Director is responsible for the overall 

management of the ADR program. He or she develops and maintains trained staff to implement 

the ADR program and ensures that the ADR program is in compliance with applicable EEOC and 

OPM regulations. The EEO Director arranges for mediators and manages, implements, and 

evaluates the ADR process. 

7. The mediation process will commence by the mediator contacting the aggrieved

person (and representative, if any) and the appropriate management official with settlement 

authority to schedule the mediation session. When the parties to the dispute convene, they will 

sign an Agreement to Mediate (Form B). Per MD-110, the alleged discriminating management 

official cannot be the management official with settlement authority. By signing the agreement, 

the parties indicate that they understand the mediation process and the conditions and procedures 

of participation. After electing to participate in the mediation process, the aggrieved person may 

opt-out of the process at any time. 
28

8. If mediation successfully resolves the EEO dispute, the parties will execute a

Mediation Settlement Agreement describing the resolution of the dispute. (Form C serves as an 

example of such an agreement). The mediator will notify the EEO counselor that the dispute has 

been resolved so that the counselor can close the case. An aggrieved person cannot file an EEO 

complaint concerning anything said or done during attempts to resolve the dispute through ADR, 

including the Agency's failure to provide a neutral. Allegations by an aggrieved person that the 

Agency has not complied with the terms of the Mediation Settlement Agreement shall be handled 

in accordance with 29 C.F.R. § 1614.504 (see also MD-110, Ch. IX), beginning with the aggrieved 

person's notice to the EEO Director, in writing, of the alleged non-compliance within 30-days. 

9. If mediation in the informal stage is unsuccessful, the mediator will report the

outcome (without specifics) to the EEO Director and will indicate on the Mediator Reporting Form 

(Form D) that no resolution was reached. The EEO Director will then contact the EEO Counselor 

of record and ask him/her to prepare the Notice of Final Interview/Right to File a Formal 

Discrimination Complaint and the EEO Counselor's Report as referred to in the FLRA EEO Policy. 

The latter report will specify the aggrieved person's alleged grounds of discrimination, and will 

reflect that the aggrieved person was offered and accepted ADR, in lieu of counseling, but that 

such efforts at informal resolution were unsuccessful. 

10. The EEO Counselor will provide the aggrieved person with two copies of the

Counselor's report, the Notice of Final Interview, the Notice of Right to File a Formal 

Discrimination Complaint, and the Complaint Form. The EEO counselor will advise the aggrieved 

person that if he or she elects to file a complaint of discrimination on any of the grounds previously 

raised, it must be filed within 15 calendar days of receipt of the Notice of Right to File a 

Discrimination Complaint. 

11. If the aggrieved person has opted for EEO counseling rather than ADR mediation

during the informal stage of the EEO process, he or she still may choose to invoke mediation after 

a formal written EEO complaint has been timely filed (see paragraph 10, above) by so notifying 

the EEO Director in writing. The same procedures governing ADR at the informal stage also 

apply after a formal EEO complaint has been filed, except that if mediation is successful, the EEO 

Director upon being so notified will take the necessary steps to close the case by advising the EEO 

investigator, the EEOC, and/or the FLRA representative responsible for preparing a final agency 

determination, as appropriate. If mediation of the formal complaint is unsuccessful, the complaint 

must be processed within the applicable time period as extended by the 90 days during which ADR 

procedures were in effect. 

F. IMPLEMENTATION. The ADR program will be implemented and training will be

conducted through a variety of methods designed to involve employees and inform them about

mediation as an alternative to EEO counseling and as an adjunct to the processing of formal

complaints.

1. Awareness Education. The ADR program for mediating EEO disputes will be

explained Agency-wide to management and employees in the following manner: 

a. A memorandum signed by the FLRA Chairman, the General Counsel, and

the Chairman of the Federal Service Impasses Panel will be sent to all employees describing the 

ADR mediation process as an alternative to traditional EEO counseling and/or EEO litigation; 
29

b. Notification will be sent to all employees when the program begins; and

c. Detailed information concerning the ADR program, including a copy of the

program, will be placed on the FLRA Home Page. 

2. Training.

a. Training about ADR, mediation, and the EEO process will be a vital factor

in the successful implementation of the program at the FLRA. Employees need detailed 

information about the two alternatives (counseling or ADR available at the informal stage). 

Participants in mediation need to know what to expect and the roles of the parties. The Agency's 

full support for the ADR process should be communicated. 

b. The EEO Director will provide a briefing (approximately 30 minutes) about

the ADR program to all staff during the first 3 months of the program and routine updates. In 

addition, a portion of the New Employee Orientation will include a description of this program. 

G. EVALUATION

1. Data Requirements. Management will evaluate the program and how it is

functioning on an annual basis. The following statistical data will be used: 

a. The total number of EEO cases filed;

b. The number of disputes referred to ADR, the stage of referral (informal or

formal), and the number of those referred which were resolved; 

c. The parties' level of satisfaction with the ADR process, and the reasons for

satisfaction or dissatisfaction (Participant's Comments Form - Form E); 

d. The amount of time spent on ADR attempting to resolve the dispute; and

e. The estimate of cost savings, showing the criteria used to calculate savings.

2. Data Gathering. The ADR program will be evaluated by using the following

questionnaires: Mediator's Reporting Form (Form D) and Participants' Comments (Form E). The 

distribution of evaluation questionnaires and the gathering of information will be the responsibility 

of the EEO Director or his/her designee. The EEO Director will have the responsibility of 

summarizing the information to be evaluated and will develop an annual report on the status and/or 

accomplishments of the ADR program. These summary reports will be shared with the FLRA 

Chairman, the General Counsel, and the Chairman of the Federal Service Impasses Panel. 

Note: All forms referenced throughout this document are available in a Form Book to be 

distributed to all EEO counselors and staff administering this ADR program. Employees who 

would like copies can contact the Human Resources Director or the EEO Director. 
Form A

FLRA ALTERNATIVE DISPUTE RESOLUTION REQUEST/REFERRAL

Case #: 

1. Date of Request/Referral:

2. Name of Requester:

3. Organization of Requester:

4. Telephone # of Requester:

5. Briefly summarize the dispute which you wish to resolve:

6. Note other parties to this dispute (these may be referenced in #5 above. Please provide

name and telephone number if possible).

7. I understand that ADR is a joint effort between the parties to facilitate an expedited

resolution of disputes involving them.

Form A 

Page 1
I understand that the pre-complaint processing period shall be extended to 90 days for the 

purposes of resolving the dispute through the ADR process. 

I understand that my right to continue with the administrative complaints process will remain 

intact and available to me should an agreement not be reached using ADR, provided I have 

timely filed a formal complaint. 

I understand that I have the right to representation (attorney or other person of my choice) 

throughout this process. 

Signature of ADR Requester Date of Request 

Form A 

Page 2
Form B

AGREEMENT TO MEDIATE

The parties agree to engage in mediation to attempt resolution of issues pertaining to the dispute of 

alleged employment discrimination. The parties understand that mediation is voluntary and may be 

ended by the requester at any time. 

The parties understand that the mediator(s) has/have no authority to decide the case and is/are not 

acting as advocates, or attorneys, for any party. 

Mediation is a confidential process. Any documents submitted to the mediators, and any 

statements made during the mediation are for settlement purposes only. The parties agree not to 

subpoena the mediators, or any documents prepared by or submitted to the mediator(s). In no event 

will the mediator(s) voluntarily testify for any party or submit any type of report concerning this 

mediation. 

Confidentiality will not extend to (1) threats of imminent physical harm; (2) matters deemed not to 

be confidential under the Administrative Dispute Resolution Act of 1996, 5 U.S.C. §§ 571-584; or 

(3) disclosures made pursuant to statutory whistleblower rights (see 5 U.S.C. § 2302(b)(13)).

The aggrieved person is advised that these provisions are consistent with and do not supersede, 

conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing 

statute or Executive order relating to (1) classified information, (2) communications to Congress, 

(3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or

mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger

to public health or safety, or (4) any other whistleblower protection. The definitions, requirements,

obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory

provisions are incorporated into this agreement and are controlling.

No party is bound by anything said or done at the mediation unless a written settlement agreement 

is reached and executed by the parties and/or their representatives. If an agreement is reached, it 

will be reduced to writing and, when signed and approved by the parties and/or their 

representatives, will be binding upon them. 

By signature below, we acknowledge that we have read, understand, and agree to this mediation 

process. 

Aggrieved person Date 

Management/Settlement Official Date 

Mediator(s) Date 

Form B 

Page 1 
Form C

MEDIATION SETTLEMENT AGREEMENT

Memorandum of settlement in the complaint(s) of (name), Case Numbers(s) if applicable .

The Aggrieved person, (name), and the Federal Labor Relations Authority (FLRA), the parties to 

this agreement, hereby agree and stipulate as follows: 

TERMS OF AGREEMENT

1. The FLRA (name of Center/Division/Office)

agrees to ______________________________________________________________________

2. The Aggrieved person __________ agrees to withdraw or dismiss with prejudice all

informal/formal complaints of illegal discrimination related to and including the complaint(s)

identified above which he/she has filed against the FLRA.

The Aggrieved person represents that no other action or suit with respect to the matters 

encompassed by the complaint referenced herein or to related matters occurring at any time up to 

and including the effective date of this agreement has been or will be filed in or submitted to any 

court, administrative agency, or legislative body. If any other related complaint was filed prior to 

the effective date of this agreement, (name) agrees that it too is covered by the terms of this 

agreement and, by signing this agreement, withdraws and dismisses each with prejudice. 

The Aggrieved person is advised that these provisions are consistent with and do not supersede, 

conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing 

statute or Executive order relating to (1) classified information, (2) communications to Congress, 

(3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or

mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger

to public health or safety, or (4) any other whistleblower protection. The definitions, requirements,

obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory

provisions are incorporated into this agreement and are controlling. See 5 U.S.C. § 2302(b)(13).

This agreement is not intended as, and will not be construed by either party to constitute, an 

admission or statement by either party as to the validity of any legal position or factual contention 

advanced in the above referenced complaint(s). Nor does it indicate in any way the views of either 

party as to the substantive merits of the complaint(s). 

Issues related to compliance under this agreement shall be resolved in accordance with 29 C.F.R. 

§ 1614.504; MD-110, Chap. IX.

Form C 

Page 1 
This agreement shall become effective as of the date the last signature is obtained below. This 

settlement agreement constitutes the entire agreement between the aggrieved person and FLRA, 

and there are no other representations or obligations except for those enumerated herein. The 

parties agree that the terms of this agreement constitute a full and complete satisfaction and 

settlement of all claims which the aggrieved person may have against the FLRA, its officers, agents 

or employees which are encompassed by or arise out of the instant complaint(s). 

The aggrieved person acknowledges that he/she clearly and fully understands the terms and 

conditions of this agreement and fully agrees to its terms. Further, the aggrieved person 

acknowledges having voluntarily entered into this agreement. 

Aggrieved person Date 

Name of Management/Settlement Date Official 

Form C 

Page 2 
Form D

FLRA ADR MEDIATOR REPORTING FORM

INSTRUCTIONS: This form is to be completed immediately upon closing of your case. Please 

return the form to the EEO Director. 

1. Mediator's Name:

2. Office Telephone Number:

3. ADR Case Number:

4. Date of Sessions and Time Spent:

1.

2.

3.

4.

5. If either party had a representative in attendance please indicate which party did so:

A. Employee B. Manager or 2nd Party

1. Attorney 1. Attorney

2. Other 2. Other

6. OUTCOME:

Not Settled Settled prior meeting 

Settled, agreement Partial settlement signed 

Form D 

Page 1 
7. GENERAL: In the preparation process, it was determined that ADR was appropriate to

address this dispute. In your opinion was it appropriate in this case?

1. Yes/No

2. Why or why not?

8. Other comments or suggestions:

Signature Date 

Form D 

Page 2 
37

Form E

FLRA PARTICIPANT'S COMMENTS - ADR

To assist in improving the ADR process, please take a few minutes to answer the questions 

below. Send your completed survey to the EEO Director at 1400 K Street, N.W., Suite 200, 

Washington, D.C. 20424-0001. All personal information will be kept confidential. 

Please circle the letter which best reflects how you feel about each of the following statements: 

1- Strongly Agree 2- Somewhat Agree 3-No opinion 4- Somewhat Disagree 5- Strongly Disagree

1. The Mediator explained the program so that I knew what to expect during the process.

1 2 3 4 5

2. The Mediator allowed me and/or my representative to fully present my case.

1 2 3 4 5

3. The Mediator carefully listened to my side of the case.

1 2 3 4 5

4. The Mediator treated all parties fairly.

1 2 3 4 5

5. The Mediator asked appropriate questions.

1 2 3 4 5

6. The Mediator helped facilitate realistic options for settling the dispute.

1 2 3 4 5

7. Did you reach an agreement and settle your case? Yes/No

8. Did the ADR process help you understand the other party's/parties' concerns? Yes/No

9. Did you feel that the process helped the other party or parties understand your concerns?

Form E 

Page 1 
38

10. How satisfied are you overall with the ADR process?

11. Please provide any comments you wish to make regarding the process in the space below:

Signature (Optional) Date 

Form E 

Page 2 
Attachment 

2 b) 
UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

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

 

OFFICE OF THE CHAIRMAN

EEO PROGRAM POLICY STATEMENT

The purpose of this statement is to reaffirm the Federal Labor Relations Authority’s (FLRA’s) 

commitment that equal employment opportunity (EEO) will be available to all employees, former 

employees, and applicants without regard to race, color, religion, sex (including pregnancy, sexual 

orientation, gender identity, and gender expression), national origin, age, disability, genetic information, 

marital status, or political affiliation. The FLRA’s commitment to EEO extends to all employment 

programs, practices, and decisions, including, but not limited to, those affecting: recruitment and hiring, 

promotion, transfers and reassignment, training and career development, employment benefits, 

discipline, and separation.

In keeping with its commitment to EEO, it is the FLRA’s policy to prohibit discrimination in 

employment that is based on race, color, religion, sex (including pregnancy, sexual orientation, gender 

identity, and gender expression), national origin, age, disability, genetic information, marital status, or 

political affiliation. Further, it is the FLRA’s policy that, in employment matters, all employees and 

applicants will have the opportunity to compete on a fair and equal basis without regard to race, color, 

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

origin, age, disability, genetic information, marital status, or political affiliation. 

The FLRA assures you that managers at all levels share both this commitment to upholding EEO 

within the agency and the responsibility for enforcing EEO-program requirements.

In the interest of preventing employment discrimination, the FLRA will not tolerate workplace 

harassment. The FLRA will promptly investigate allegations of such harassment and, where 

substantiated, will take appropriate action in accordance with FLRA Anti-harassment Policy 3895.

All employees and applicants are free to exercise their rights under the statutes that provide for 

EEO and prohibit employment discrimination in federal employment. The FLRA will not tolerate 

reprisal (retaliation) against anyone for having engaged in activity protected by those statutes.

The FLRA will process complaints of discrimination based on race, color, religion, sex

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

disability, genetic information, or reprisal for protected activity in accordance with the FLRA’s 

discrimination-complaints procedures. Those procedures are 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. You may also 
obtain information regarding these procedures from the FLRA’s EEO Director, Erica Balkum at 

(771) 444-5809 or EEODirector@flra.gov.

You should pursue complaints of discrimination based on marital status or political affiliation 

through the complaint process administered by the U.S. Office of Special Counsel (OSC). You can find 

information regarding this process on OSC’s website at www.osc.gov. 

Susan Tsui Grundmann

Chairman

October 13, 2023
Attachment 

2(c 
UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C. 20424

TO: All FLRA Employees

FROM: Rebecca J. Osborne, Director of Legislative Affairs and Program Planning

DATE: October 13, 2023

RE: Whistleblower Protection/Prohibited Personnel Practices

The purpose of this memorandum is to ensure that all Federal Labor Relations Authority (FLRA)

employees are aware of, and understand, the prohibited personnel practices and whistleblower 

protections available to federal employees.

 

The U.S. Office of Special Counsel (OSC) is an independent agency that protects federal 

employees from prohibited personnel practices, including whistleblower retaliation and unlawful 

hiring practices. OSC also provides an independent, secure channel for disclosing and resolving 

wrongdoing in federal agencies.

The Whistleblower Protection Act of 1989 and the Whistleblower Protection Enhancement Act 

of 2012 provide the right for all covered federal employees to make whistleblower disclosures 

and to ensure that employees are protected from whistleblower retaliation. The Dr. Chris 

Kirkpatrick Whistleblower Protection Act of 2017 and OSC’s Reauthorization Act of 2017 

further enhanced and reinforced these rights and protections. 

Whistleblowing is defined as the disclosure of information that an employee reasonably believes 

evidences: a violation of any law, rule or regulation; gross mismanagement; gross waste of 

funds; an abuse authority; a substantial and specific danger to public health or safety; or 

censorship related to scientific research or analysis. Employees may make lawful disclosures to 

anyone, including, for example, management officials, the FLRA’s Inspector General, and/or 

OSC.

You will find attached and hyperlinked below two documents prepared by OSC. FLRA 

employees also receive these two documents in the initial employee orientation materials. 

The first is the fact sheet, Your Rights as a Federal Employee, which provides detailed 

information on the fourteen prohibited personnel practices and employees’ rights to file 

complaints with OSC. Additionally, you should review Know Your Rights When Reporting 

Wrongs, which describe different avenues for making whistleblower disclosures as federal 

employees. More information can also be found on the OSC website. 
Employees should also be aware of four posters the OSC has created to inform employees of 

their rights and responsibilities. They are:

"Whistleblowing”: Defines a “whistleblower” as someone who discloses information 

they reasonably believe evidences a violation of any law, rule, or regulation; gross 

mismanagement; gross waste of funds; an abuse of authority; a substantial and 

specific danger to public health or safety.

“Whistleblower Retaliation”: Asks, “What is whistleblower retaliation?” A federal 

employee authorized to take, direct others to take, recommend or approve any 

personnel action may not take, fail to take, or threaten to take any personnel 

action against an employee because of protected whistleblowing. Cites an 

example. Defines “protected whistleblowing.”

“Prohibited Personnel Practices” (PPPs): Lists 14 prohibitions, including: whistleblower 

retaliation; discrimination for engaging in conduct unrelated to work performance, 

such as discrimination based on gender identity or sexual orientation; and hiring 

and promotion offenses that offend the merit system. 5 U.S.C. § 2302(b)(1)-

(b)(14).

The Hatch Act: Permitted and Prohibited Activities for Most Federal Employees: Lists 

permitted and prohibited activities for employees who may engage in partisan 

activity.

Federal employees have the right to be free from prohibited personnel practices, including 

retaliation for whistleblowing. The FLRA is committed to making sure that all employees are 

aware of their rights as well as the safeguards that are in place to protect them. If you have any 

questions regarding this notice, please contact the Office of Legislative Affairs and Program 

Planning at 771-444-5778 or olapp@flra.gov. You can also visit the OSC website at: 

https://osc.gov/Services/.

Attachments
U.S. Office of Special Counsel 

1730 M Street N.W., Suite 218 

Washington D.C. 20036-4505

WHAT IS A PROHIBITED PERSONNEL PRACTICE (PPP)?

Under 5 U.S.C. §§ 2302(b)(1)-(b)(14) a federal employee authorized to take, direct others to take, 

recommend or approve any personnel action may not:

• Discriminate (including discrimination based 

on marital status and political affiliation). 

EXAMPLE: Supervisor Joe refuses to promote 

Employee Jane because Jane is a registered 

Republican; or his refusal is because she is a 

single mother. (OSC will generally defer Title 

VII discrimination allegations to the EEO 

process, rather than duplicating already existing 

procedures.)

• Solicit or consider employment 

recommendations based on factors other than 

personal knowledge or records of job-related 

abilities or characteristics. EXAMPLE: 

Selecting Official Joe hires Applicant Jack based 

on Senator Smith’s recommendation that Jack be 

hired because Jack is a constituent; or fails to 

hire Applicant Jane because of Congressman 

Smith's recommendation based on the 

Congressman's friendship with Jane's parents.

• Coerce the political activity of any person, or 

take action against any employee as reprisal 

for refusing to engage in political activity. 

EXAMPLE: Supervisor Jane takes away 

significant job duties of Employee Jack because 

Jack will not make a contribution to Jane’s 

favorite candidate.

• Deceive or willfully obstruct any person from 

competing for employment. EXAMPLE: 

Supervisor Joe, located in Headquarters, orders 

that no vacancy announcements be posted in the 

field office where Employee Jack works because 

he does not want Jack to get a new job; or 

falsely states that there will be extensive travel 

in the position when he knows that there is no 

travel.

• Engage in nepotism. EXAMPLE: Secondlevel Supervisor Jane asks First-level 

Supervisor Joe to hire her son; or to 

promote her daughter.

• Take a personnel action against an employee 

because of whistleblowing. EXAMPLE: 

Supervisor Joe directs the geographic 

reassignment of Employee Jack because Jack 

reported safety violations to the agency’s 

Inspector General; or because employee Jill 

reported a gross waste of funds to the Office of 

Internal Affairs.

• Take a personnel action against any employee 

because of the exercise of an appeal, complaint, 

or grievance right. EXAMPLE: Supervisor Jane 

places Employee Jack on an undesirable detail 

because Employee Jack filed an administrative 

grievance about his performance rating.

• Discriminate against an employee on the basis of 

conduct, which does not adversely affect the 

performance of the employee, including 

discrimination based on sexual orientation. 

EXAMPLE: Jack's employment is terminated 

because he attended a "Gay Pride" march; or he 

attended a "Pro-Life" event; or he attended an 

animal rights rally; or he attended a gun-owners' 

rights meeting.

• Take or fail to take a personnel action, if such 

action would violate a veterans’ preference 

requirement. Example: Supervisor Jane hired 

Employee Jack, without considering Veteran 

Jennifer, who was included on the list of eligible 

employees. (OSC’s jurisdiction is for disciplinary 

actions only; the Dept. of Labor has jurisdiction to 

investigate for corrective actions.).

• Influence any person to withdraw from 

competition for a position to improve or injure 

the employment prospects of any other person. 

EXAMPLE: Supervisor Jane, in an effort to hire 

Employee Joe, tells Employee Jack that he should 

not apply for a position because he is not qualified 

and will never be selected. Employee Jack is 

qualified.

YOUR RIGHTS AS A FEDERAL EMPLOYEE

ENFORCED BY

THE U.S. OFFICE OF SPECIAL COUNSEL

I. The U.S. Office of Special Counsel (OSC) is an independent agency that investigates 

and prosecutes allegations of prohibited personnel practices.
• Give an unauthorized preference to a person to 

improve or injure the employment prospects of 

any particular employee or applicant. 

EXAMPLE: Supervisor Jane specifies that 

Spanish-speaking skills are necessary for a vacant 

position, for the purpose of selecting Employee 

Jack, who speaks fluent Spanish. The position, 

however, does not require Spanish-speaking skills.

• Take a personnel action against an 

employee which violates a law, rule, or 

regulation which implements a merit 

systems principle. EXAMPLE: Supervisor 

Joe terminates the probationary 

appointment of Employee Jack because of 

Jack’s letter to the editor criticizing 

affirmative action - a valid exercise of First 

amendment rights, a law implementing a 

merit system principle.

• Implement or enforce a nondisclosure 

agreement or policy lacking notification of 

whistleblower rights. EXAMPLE: A manager 

requires all employees in his program to sign a 

non-disclosure agreement that prohibits the 

employees from discussing the program in any 

way and fails to notify employees of protected 

channels for making disclosures.

• Access the medical record of an employee or 

applicant, as part of, or in furtherance of any 

of the above-listed prohibitions. EXAMPLE: 

An employee expresses interest in an open 

position to the hiring official, who wants to hire 

another applicant. The hiring official accesses

the employee’s medical record and attempts to 

influence the employee to withdraw from 

competition by telling her that the stress of the 

new position will worsen a condition found in 

her medical record.

 Rev. 03/19

Current and former federal employees, including probationary employees, and applicants for federal 

employment can file a written complaint with the U.S. Office of Special Counsel. Complaint forms are 

available on the Web at www.osc.gov. Employees do not need attorneys to file a complaint. OSC is an 

independent and prosecutorial agency. It will investigate allegations of prohibited personnel practices and 

seek the appropriate corrective and/or disciplinary action.

What can you do if you believe a PPP has been committed?

II. OSC also receives confidential disclosures and enforces the Hatch Act.

RECEIVING CONFIDENTIAL DISCLOSURES (5 U.S.C. § 1213):

Current and former federal employees and applicants can confidentially report information evidencing a 

violation of any law, rule, or regulation, gross mismanagement, a gross waste of funds, an abuse of 

authority, or a substantial and specific danger to public health or safety. OSC has the authority to require 

the head of the agency concerned to investigate the matter if OSC determines that a disclosure has been 

made.

ENFORCING THE HATCH ACT (5 U.S.C. §§ 7321-26):

OSC is authorized to issue advisory opinions that respond to federal employee questions about whether or 

not they may engage in specific political activities under the Act. OSC also prosecutes violations of the 

Hatch Act before the Merit Systems Protection Board. These violations include: using official authority to 

interfere with an election result; soliciting, accepting or receiving political contributions; soliciting or 

discouraging political activity of persons before the employing agency; and running for public office in a 

partisan political election.

Need additional information?

• Information on filing a complaint or making a disclosure: 202-804-7000, 800-872-9855, or info@osc.gov.

• Updated and detailed information on OSC and its procedures: www.osc.gov.

• Information about training and certification: 202-804-7163 or certification@osc.gov. 
KNOW YOUR RIGHTS WHEN REPORTING WRONGS

Whistleblower disclosures can save lives as well as billions of taxpayer dollars. They play a critical 

role in keeping our government honest, efficient and accountable. Recognizing that whistleblowers 

root out waste, fraud and abuse, and protect public health and safety, federal laws strongly 

encourage employees to disclose wrongdoing. Federal laws also protect federal employees from 

retaliation. 

The U.S. Office of Special Counsel (OSC) plays an important role in helping whistleblowers. OSC 

is an independent agency that protects federal employees from prohibited personnel practices 

(PPPs), including whistleblower retaliation and unlawful hiring practices, such as nepotism. OSC 

also provides an independent, secure channel for disclosing and resolving wrongdoing in federal 

agencies. This guide provides a summary of whistleblower protections and avenues available to 

employees to disclose wrongdoing. For more information, please visit OSC’s website at 

www.osc.gov. 

Disclosures of Wrongdoing

Where can I report wrongdoing? 

Current and former federal employees and applicants (henceforth “federal employees”) can report 

on any of the following types of wrongdoing: 

• a violation of any law, rule, or regulation, 

• gross mismanagement, 

• a gross waste of funds, 

• an abuse of authority, 

• a substantial and specific danger to public health or safety, or 

• censorship related to scientific research if censorship meets one of the above-listed 

categories. 

Federal employees have many options on where to disclose wrongdoing, including but not limited 

to, making disclosures to supervisors or someone higher up in management; the agency’s Inspector 

General (IG); OSC; or, Congress. For whistleblower disclosures involving classified national 

security information or other information protected from public release by law (e.g. patient privacy 

information), whistleblowers must use confidential channels such as an IG, OSC, or Congress in 

order to be protected from adverse personnel actions related to their disclosures. 
Can probationary employees file disclosures or PPP complaints with OSC? 

Yes. Probationary employees have the same right to file disclosures or PPP complaints with 

OSC as do most current federal employees, former federal employees, or applicants for federal 

employment. Note – except for appeals alleging retaliation for whistleblowing or engaging in 

protected activity, probationary employees generally do not have the right to appeal personnel 

actions to the Merit Systems Protection Board (MSPB). 

Can I keep my identity confidential? 

Yes. Most Inspectors General have hotlines that allow employees to make confidential disclosures. 

Inspectors General are prohibited from disclosing an employee’s identity unless the IG determines 

that disclosure is unavoidable or is compelled by a court order. If you file a disclosure with OSC, 

your identity will not be shared outside of OSC without your consent. However, OSC may disclose 

your identity only if OSC determines that it is necessary because of an imminent danger to public 

health or safety or an imminent violation of any criminal law. 

What will OSC do once I make a disclosure? 

When a federal employee discloses wrongdoing to OSC, OSC evaluates the information and 

interviews the federal employee. OSC determines whether it is substantially likely that the 

employee’s allegation – or any portion of it – can be proven and whether it discloses a violation of 

a law, rule, or regulation; gross mismanagement; a gross waste of funds; an abuse of authority; or 

a substantial and specific danger to public health or safety. If it meets that standard, OSC will 

require the agency to investigate and submit a report of the agency’s findings to OSC. The 

whistleblower then has an opportunity to comment on the agency report. Those comments, 

together with any comments or recommendations by the Special Counsel, are sent with the agency 

report to the President and congressional oversight committees. The agency report is usually made 

available to the public. 

Prohibited Personnel Practices 

Are whistleblowers protected from retaliation? 

Yes. The Civil Service Reform Act and whistleblower protection laws prohibits retaliation. 

Retaliation for whistleblowing is one of fourteen PPPs. Protection from whistleblower retaliation 

means it is unlawful for agencies to take, threaten to take, or fail to take a personnel action because 

the employee disclosed one or more of the six categories of government wrongdoing (listed on page 

1). Personnel actions can include actions such as poor performance reviews, demotions, 

suspensions, or terminations. As noted above, probationary employees have the right to file PPP 

complaints with OSC. 

However, disclosures of information specifically prohibited by law or required by Executive Order 

to be kept secret are protected only when made to an OIG, OSC, or certain individuals within 

Congress. Additionally, federal law establishes that a federal employee has the right to 

communicate with and provide information to Congress. 
OSC also has jurisdiction to protect federal employees at most agencies from retaliation for 

filing an appeal, complaint, or grievance; helping someone else file or testifying on their behalf; 

cooperating with or disclosing information to the Special Counsel, an Inspector General, or a 

component responsible for internal investigations/reviews; or, refusing to obey an order that 

violates a law, rule or regulation. 

What can you do if you believe retaliation occurred? 

If you believe that an agency has retaliated against you because of your whistleblowing or 

because you engaged in protected activity such as disclosing information to an Inspector 

General, you can: 

• file a complaint with OSC, which may seek corrective or disciplinary action when warranted; 

• file a union grievance; or 

• if you have been subject to a significant personnel action, you can file an appeal with 

the MSPB (www.mspb.gov) and assert retaliation (or any other PPP) as a defense. 

Note that a federal employee may choose only one of these three options when appealing a 

significant personnel action. 

What relief is available to an employee who has suffered retaliation? 

Many forms of relief are available. They include job restoration, reversal of suspensions and other 

adverse actions, back pay, reasonable and foreseeable consequential damages, such as medical 

costs, attorney fees, and compensatory damages. In addition, damages may be awarded for 

attorney fees and expenses incurred due to retaliation. 

Can OSC delay a personnel action while the matter is investigated? 

Yes. An individual may ask OSC to delay, or “stay,” an adverse personnel action pending an 

investigation. OSC will consider requesting a delay of a personnel action if OSC has reasonable 

grounds to believe that a prohibited personnel action was taken and, absent a stay, the employee 

will be subjected to immediate and substantial harm, such as removal, suspension for more than 

14 days, or geographic reassignment. 

How can OSC remedy a prohibited personnel practice? 

Federal employees may report suspected PPPs to OSC. Their complaint will be investigated. If 

there is sufficient evidence to prove a violation, OSC can seek corrective action, disciplinary action, 

or both. Alternatively, parties in selected cases may agree to mediate their dispute in order to 

reach a mutually agreeable resolution of the complaint. OSC may attempt to resolve a case with 

an agency at any stage. If an agency refuses to provide corrective action, then OSC can take the 

case to the MSPB. The MSPB can order the agency to take corrective action. Such litigation begins 

with the filing of a petition by OSC that alleges there are reasonable grounds to believe a PPP 

occurred, is occurring, or is imminent. 
Can a manager be held accountable for retaliating against a federal employee? 

Yes. OSC may seek disciplinary action against any employee who commits a PPP. If an agency 

fails to take disciplinary action, then OSC can bring a disciplinary action case to the MSPB against 

the employee who committed the PPP. If the MSPB finds that an individual has committed a PPP, 

it can order disciplinary action, including removal, reduction in grade, debarment from federal 

employment for up to five years, suspension, reprimand, or a fine of up to $1,000. Additionally, 

new statutory provisions impose a mandatory proposed penalty for supervisors that commit 

violations of 5 U.S.C. § 2302(b)(8), (b)(9), or (b)(14). 

Can appeals of PPP complaints be filed with the MSPB?

 

Retaliation Claims – Individual Right of Action (IRA) Appeals 

Under some circumstances, employees may file appeals of PPP complaints with the MSPB. 

Employees may file what is called an IRA appeal with the MSPB for any personnel action taken, 

not taken, or threatened because of retaliation for whistleblowing or for engaging in protected 

activity, such as filing an Office of Inspector General complaint. More information on the right to 

file an IRA may be found at 5 U.S.C. § 1221(a). However, before filing an IRA appeal with the 

MSPB, employees must file a retaliation PPP complaint with OSC, requesting an investigation. 

Can other types of appeals involving PPPs be filed with the MSPB? 

Appeals of Significant Adverse Actions – Affirmative Defense 

Yes. Employees may raise one or more of the 14 PPPs as a defense to a significant adverse action 

with the MSPB. However, the employee must elect whether to file a PPP complaint with OSC, file 

an appeal of the significant adverse action with the MSPB, or file a grievance with the union. The 

list of significant adverse actions may be found at 5 C.F.R. § 1201.3. If the employee elects to raise 

a PPP as a defense to a significant adverse action with the MSPB, such an appeal is called an 

“affirmative defense” to the agency’s personnel action and the MSPB will determine if the action 

that was taken was based on any of the 14 PPPs described in section 2302(b) of Title 5 of the U.S. 

Code. 

For more information on MSPB appeal rights, go to www.mspb.gov. 

 

For more information on PPPs, including retaliation, go to www.osc.gov/ppp.

To learn more about filing a whistleblower disclosure with OSC, go to www.osc.gov/disclose. 

To file a PPP complaint or whistleblower disclosure with OSC, go to www.osc.gov/efile. 

U.S. Office of Special Counsel 

1730 M Street, N.W., Suite 218 | Washington, D.C. 20036 

Phone: (202) 804-7000 | Toll Free: 1-800-872-9855 

TTY: 1-800-877-8339 | Email: info@osc.gov

www.osc.gov

Rev. 03/19 
Attachment 

2(d 
 WASHINGTON, D.C.

FLRA Policy No. 3895

ANTI-HARASSMENT POLICY Issue Date: 08/24/20

A. GENERAL PROVISIONS

 1. Purpose. The Federal Labor Relations Authority (FLRA) establishes this policy 

to ensure that the Agency maintains a workplace free from harassment and takes all necessary 

steps to address and promptly correct any form of harassing conduct that may occur before it 

rises to the level of unlawful harassment. This policy serves to supplement, and in no way 

replace, the Equal Employment Opportunity (EEO) complaint process and other Federal 

processes. Thus, one or more of these processes may be invoked simultaneously.

2. Statement of Policy. 

a. FLRA is committed to maintaining a workplace free from harassment, 

where all employees are treated with dignity and respect. Harassment of any kind is contrary 

to the FLRA’s values, and undermines employee performance and the efficiency of 

Government operations. Such behavior is also inconsistent with the merit system principles 

outlined in the Civil Service Reform Act, 5 U.S.C. § 2302, which make clear that all Federal 

employees should receive fair and equitable treatment and maintain the highest standards of 

conduct to promote an efficient and effective workplace. 

b. FLRA will promote and maintain a workplace free from harassment, 

which includes taking clear and immediate steps upon receiving any report of harassing 

behavior to determine whether any type of remedial intervention, as well as corrective and/or 

disciplinary actions are warranted, and, if so, to take such actions without delay.

c. FLRA will not tolerate retaliation against any employee for making a 

good faith report of harassment or for assisting in any inquiry or investigation under these 

policy and procedures. Complaints of such retaliation will be handled in accordance with the 

procedures set forth below.

d. This Policy applies to all FLRA employees, contractors, and applicants 

for employment.

3. Definitions of Harassing Conduct.

a. Harassing conduct prohibited by this policy includes unwelcome verbal or

physical conduct - including any type of threatening, demeaning or abusive utterance or action - 
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based on race, color, religion, sex (including gender identity, sexual orientation, and pregnancy,

whether or not of a sexual nature), national origin, age, disability (physical or mental), genetic 

information, or retaliation (reprisal), even if the conduct has not risen to the level of illegality, 

where:

i. The behavior can reasonably be considered to adversely affect the 

employee's work environment; or

ii. An employment decision affecting the employee is based upon the 

employee's acceptance or rejection of such conduct.

b. Isolated incidents of unwelcome conduct need not violate Federal law to be 

prohibited by this policy. To be unlawful, the conduct must create a work environment 

considered hostile, intimidating, or offensive to a reasonable person. The broader scope of 

harassing conduct covered by this policy prohibits harassment associated with any prohibited 

personnel practice outlined in 5 U.S.C. § 2302 or prohibited by anti-discrimination law

protections.

4. References.

a. Public Law 88-352, Title VII of the Civil Rights Act of 1964, a

amended (42 U.S.C. § 2000(e)-16)

b. Public Law 93-112, The Rehabilitation Act of 1973, as amended (2

U.S.C. §§ 791 and 794(a));

c. Public Law 93-259, The Equal Pay Act of 1963, as amended (29 U.S.C

§ 206(d));

d. Public Law 93-259, Section 15 of the Age Discrimination in Employment

Act of 1967, as amended (29 U.S.C. § 633(a));

e. Americans with Disabilities Act of 1990 (42 U.S.C. ch. 126 § 12101)

f. The EEOC Management Directive, MD-715;

g. The Genetic Information Nondiscrimination Act (GINA) of 2008 (42 

U.S.C. §§ 2000ff-2000ff-11)); a

h. FLRA Policy 3701 – Equal Employment Opportunity

5. Responsibilities. 

a. All Employees must:

i. Act professionally and responsibly to refrain from engaging in
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any type of harassing conduct;

ii. Report promptly  following the procedures set forth below- a

incident(s) of harassing conduct that s/he experiences, observes, or otherwise learns about;

iii. Participate in periodic training required by this Policy; and

iv. Cooperate fully with any inquiry or investigation initiated as a 

result of this policy.

b. Supervisors and other Management Officials must:

i. Attain and maintain the requisite knowledge and training to ensure 

both their compliance with this policy and their employees’ familiarity with this Policy and its 

requirements;

ii. Act promptly and appropriately to address and correct harassment 

in the workplace;

iii. Report any incident of harassing conduct they witness, or about

which they otherwise become aware;

iv. Receive and handle allegations of harassing conduct promptly 

and appropriately, utilizing the procedures set forth below;

v. Ensure that all individuals who report harassing conduct or who 

cooperate during an investigation are protected from retaliation; and

vi. Coordinate with the Anti-Harassment Program Coordinator (the

Director, Human Resources Division) to:

(1) Provide interim relief to alleged victims of harassing 

conduct pending the outcome of an investigation to ensure that further misconduct does not occur; 

and

(2) Take prompt and appropriate corrective and/or disciplinary 

action, in coordination with appropriate management officials, against any personnel who, upon 

proper investigation, are found either to have engaged in harassing conduct or to have failed to 

carry out their responsibilities under this policy.

c. Anti-Harassment Program Coordinator (AHPC) shall be responsible for

i. Disseminating this policy and procedures to all employees on

a regular (annual) basis and periodically reminding employees of their responsibilities under

this policy, particularly the procedures to follow to timely report harassing conduct;
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ii. Providing technical assistance and support to Agency

managers and supervisorsto ensure compliance with this policy, particularly the procedures

in place to timely investigate and correct harassing conduct and mitigate the effect on the

victim to the maximum extent possible;

iii. Developing and providing periodic training for all employees

on this Policy and its procedural requirements, including, as appropriate, additional training

for managers and supervisors;

iv. Receiving all allegations of harassing conduct and maintaining

a tracking system to monitor inquiries and allegations of harassment;

v. Ensuring that the necessary inquiry and/or investigation into 

allegations of harassing conduct are prompt, thorough, impartial, and appropriate to the 

allegation;

vi. Maintaining, in a secure location, a written record of reports

made and actions taken pursuant to this policy; and

vii. Assisting managers and supervisors in incorporating into Position

Descriptions, where appropriate, performance measures that include compliance with this

policy.

d. The Office of the Solicitor shall be responsible for providing legal advice 

and counsel to Agency managers, supervisors and the Human Resources Division concerning the 

implementation and interpretation of this policy.

B. PROCEDURES

1. Reporting Harassing Conduct.

a. Any employee who believes that s/he has been the subjected to harassing

conduct in violation of this policy must report this matter to anyone in the employee's

supervisory chain, another supervisor or management official, or the AHPC;

b. Employees who witness or otherwise learn about harassing conduct

also are responsible for reporting such behavior. Employees who observe or know of

harassing conduct directed at others should report the matter to his or her own supervisor, the

supervisor of the harassed employee, any other supervisor or management official, or the 

AHPC; and

c. All information the Agency receives pursuant to this policy will be

maintained on a confidential basis to the greatest extent possible. The maintenance of records

and any disclosure of information from these records shall be made in accordance with the

Privacy Act, 5 U.S.C. § 552a. Such information, however, may be necessary to disclose in

order to defend the FLRA in any litigation to which the information may be deemed relevant.
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Furthermore, information also may need to be disclosed to those officials and employees in

the Agency with a reasonable need to know in order to carry out the purpose and intent of this

Policy and/or their job responsibilities.

2. Agency Response.

a. Preliminary Inquiries into Allegations of Harassing Conduct. A 

supervisor or manager who witnesses or otherwise becomes aware of an allegation or occurrence 

of harassing conduct shall immediately:

i. Inform the AHPC and obtain guidance about the next steps the 

manager or supervisor must take under this policy, including the following:

(1) In consultation with the AHPC, document the details of 

the allegation of harassment received;

(2) In consultation with the AHPC, take immediate necessary 

action to stop any harassing conduct and prevent further harassment while the allegations are 

being investigated, including granting appropriate interim relief to the alleged victim of 

harassing conduct and documenting all such steps and actions taken;

(3) In consultation with the AHPC, determine the extent which 

the alleged misconduct should be investigated (including the persons who must be interviewed 

and the critical facts that must be established); and

(4) In consultation with the AHPC, prepare, promptly upon 

the completion of the inquiry or investigation, a written summary of the investigation. The 

summary may be brief, depending upon the complexity and seriousness of the case. The 

summary shall then be submitted to both the AHPC and the supervisor who would be 

responsible for taking corrective and/or disciplinary action against the alleged harasser, if the 

allegations are determined to be well-founded

b. Ensuring a Proper Investigation. Within ten (10) days of receiving

notice of an allegation of harassing conduct (a “complaint”), the AHPC will begin an 

investigation of the complaint and shall:

i. Ensure that a prompt, thorough, impartial and appropriate 

inquiry is conducted; and

ii. Recommend appropriate action to stop any harassing conduct 

and prevent further harassment, including granting appropriate interim relief to the alleged 

victim while the allegations are being investigated.

c. Timeliness Requirements.

i. A supervisor or manager who becomes aware of allegedly
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harassing conduct must take prompt appropriate action even if an employee requests that no

action be taken.

ii. A supervisor or manager who becomes aware of allegedly

harassing conduct involving employees outside of his/her chain of command must, as soon 

as practicable, notify the appropriate management officials within such employee's chain of

command of the allegation.

iii. Supervisors and managers who become aware of harassing

conduct within their own chain of command must, as soon as practicable upon learning of

such allegation, notify the AHPC. This notification must include a description of initial steps

taken in response to the conduct and, as appropriate and necessary, a plan of action to address

the potential ongoing harm resulting from such conduct.

iv. Supervisors and managers whose subordinate has been allegedly

subjected to harassing conduct shall immediately begin and promptly conclude a preliminary

inquiry to determine the necessary facts, in consultation with the AHPC, and immediately take

any other necessary and appropriate action warranted to effectively stop the harassing conduct

and otherwise shield the alleged victim from any such further conduct.

3. Alternate of Supplemental Investigative Procedures. 

a. Deciding whether alternate or further investigation is necessary. The 

AHPC has the discretion to decide whether further investigation is required, or if the 

preliminary inquiry is sufficient to determine whether corrective action is necessary. These 

decisions are fact specific, and must be made on a case- by-case basis

b. Deciding how investigations will be carried out. When the AHPC

determines that further investigation is necessary:

i. The AHPC shall determine who will direct further investigations. 

Investigators may include management officials outside the chain of supervision in which the 

alleged harassing conduct occurred, as s/he deems necessary and appropriate.

ii. All investigations shall be conducted promptly, thoroughly, 

impartially, and in a manner appropriate to the allegation.

4. Resolving Conflicts of Interest Issues. If a senior-level manager is implicated

in the alleged harassing conduct, the AHPC shall be responsible for conducting the preliminary 

inquiry and directing any further investigation that is warranted, as well as taking any 

warranted corrective action in the interim period when the investigation is ongoing. Should the 

investigation result in a finding that disciplinary action against a senior management official is 

warranted, the AHPC shall designate the next most senior manager outside the implicated 

chain of supervision to undertake the necessary disciplinary process.
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5. Corrective Action. 

a. Within 60 days of receiving a complaint of harassment, the agency will 

determine if corrective action is necessary, and if necessary, take corrective action. If the 

investigation results in a finding that harassing conduct occurred, the investigating manager 

will act promptly to stop the harassing conduct and ensure that further harassment does not 

occur.

i. To determine the appropriate corrective action, the manager or 

supervisor whose immediate subordinate is implicated in the report shall promptly consult with 

the AHPC to determine and undertake the appropriate disciplinary action. Such action will 

depend upon various factors: the severity and/or pervasiveness of the offense, the response 

required to end such conduct, the offender's disciplinary history, and the individual 

circumstances surrounding the offense.

ii. Possible corrective actions may include, but are not limited to:

(1) Counseling. The appropriate management official shall 

meet with the responsible individual(s), explaining why the specific conduct was inappropriate, 

and instructing the individual(s) that the harassment may not continue, and any further

misconduct may result in more severe formal discipline, up to and including removal;

(2) Training. The appropriate management official shall 

require the individual(s) to attend specific training on what harassing conduct is, and what 

workplace conduct is appropriate and permissible; and

(3) Reprimand, Suspension, or Other Disciplinary Action As 

Warranted. The appropriate management official has the discretion, as warranted by the 

investigative findings, to impose any type of disciplinary action otherwise available for 

violations of workplace conduct standards, such as suspension, demotion, or termination.

6. Maintaining Confidentiality, Keeping Records, and Monitoring 

Compliance.

a. Maintaining Confidentiality. All reports of harassment and related 

information will be maintained by the Agency on a confidential basis to the greatest extent 

possible. Disclosures about allegations of harassment, including the identity of the employee 

alleging violations of this policy shall be kept confidential, except as necessary to conduct an 

appropriate investigation into the alleged violations, take appropriate action, and/or as otherwise 

necessary when required by law. Pursuant to EEOC Regulations, FLRA EEO Counselors will 

inform the AHPC of all counseling activity alleging harassment.

b. Writing Reports and Maintaining Records. A brief written report must be 

made to the AHPC delineating the findings and the final resolution of each allegation of 

harassing conduct under this Policy.
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i. These written reports must identify the individuals implicated, the 

specifics of the conduct involved, and the corrective action taken, if any. These records must 

sufficiently inform the AHPC should s/he need to determine how to address any further 

incidents;

ii. If requested by the AHPC, written reports may also include a 

detailed description of the inquiry or investigation, an explanation of any conclusions reached the 

reasoning for any corrective actions issued, and/or any documents or other tangible evidence 

obtained during or created as a result of the inquiry or investigation. The length of the report 

may vary depending upon the complexity and seriousness of the case;

iii. The obligation to keep the FLRA and EEOC informed of his or

her current address; and

iv. The AHPC shall maintain the written reports in a secure location. 

These written reports are protected by the Privacy Act, and will be maintained in accordance 

with its requirements and exceptions.

C. PARALLEL EEO OR OTHER CLAIMS

1. The procedures set forth in this Policy are separate and distinct from the EEO 

complaint process, and other Federal processes, which may take place simultaneously. The EEO 

process is designed to make individuals whole from any injury suffered as a result of 

discrimination or retaliation for engaging in EEO activity. The intent of the anti-harassment

program is to take immediate and appropriate corrective action to eliminate harassing conduct 

regardless of whether the conduct violates the law. 

2. Any employee wishing to raise a harassment complaint through the EEO process 

pursuant to 29 C.F.R. § 1614 must contact an Agency EEO Counselor within 45 calendar days 

of the alleged harassment. 

3. Reporting an allegation of harassment under this Policy does not satisfy the EEO 

requirements for contacting an EEO Counselor and does not suspend the time limits for 

initiating that contact. Reporting an allegation of harassment under this policy also does not 

satisfy any requirements for reporting a prohibited personnel practice and does not suspend the 

time limits for initiating that contact.

4. Employees may pursue a parallel claim of harassment under other Federal anti

discrimination laws while following the procedures of this Policy. Any employee wishing to 

pursue such parallel claims should do so as soon as possible after the alleged harassment and 

should not wait for the completion of internal procedures.

5. If an Agency management official receives notice that an employee is pursuing a 

claim of harassment through the EEO complaint process, or any other Federal process, the 

official shall treat it as a report under Sections B and C of this policy, unless inconsistent with 
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applicable regulatory or statutory requirements.

6. The AHPC shall provide the record of actions taken under this Policy to the EEO 

Director, or any other Agency official handling a parallel claim as appropriate and warranted. 

However, the EEO Director will not be involved in the day-to-day functions of the An

Harassment Program so as to prevent conflicts of interest.

D. CONSULTATION OPTION. Employees who have experienced harassing conduct 

may also receive assistance and advice via the Employee Assistance Program (EAP). The FLRA 

EAP is an employee benefit program that helps employees with personal and/or work-related

problems that may impact their job performance, health, and mental and emotional well-being.

Employees may contact EAP at: 1-800-869-0276, or visit the website at www.foh4you.com

Engaging in the EAP does not constitute a report under this Policy, as this entity does not have 

an obligation to inform management of allegations of harassing conduct.

This policy is effective on August 24, 2020.

Michael Jeffries

Executive Director
Attachment 

2(e) 
 WASHINGTON, D.C.

 FLRA Policy No. 3010

EMPLOYEE DISCIPLINE AND

ADVERSE ACTIONS

Issue Date: June 3, 2020

SECTION I. – GENERAL PROVISIONS

A. Purpose. This Policy sets forth the policies and processes of the Federal Labor Relations 

Authority (the FLRA or the agency) for dealing with employee misconduct and/or poor 

performance, and for furloughing employees for 30 days or less because of lack of work 

or funds.

B. Cancellation. This FLRA Policy cancels FLRA Instructions No. 3752, Employee 

Discipline and Adverse Actions, dated September 2, 1998.

C. Scope. 

1. The formal disciplinary and adverse actions described in this Policy provide the 

tools and procedures for managers to apply in administering employee discipline. 

Employees who are covered by Sections II and III of this Policy generally fit into 

two categories: 

(a) Those who commit serious or repeated acts of misconduct that are 

unacceptable in the work place and that would cause a loss of efficiency

in achieving the FLRA mission if allowed to continue; and

(b) Those who fail to meet performance expectations. (Note: Procedures set 

forth in this Policy are optional for performance-based problems. 5 C.F.R. 

§ 432 also sets forth procedures for performance-based actions. Those 

procedures are set forth in FLRA Policy 3430.3)

2. Actions covered by this Policy include:
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(a) Reprimands;

(b) Suspensions;

(c) Reductions in grade or pay; 

(d) Furloughs of 30 days or less; 

(e) Removals; and

(f) Permanent notations of a former employee’s eOPF documenting an 

adverse finding in a personnel investigation.

3. This Policy does not apply to:

(a) Suspensions for National Security under 5 U.S.C. § 7532;

(b) Reductions-in-Force under 5 U.S.C. § 3502;

(c) Reduction in grade back to the grade previously held of a new manager or 

supervisor who fails to successfully complete the one-year probationary 

period under 5 U.S.C. § 3321(a)(2);

(d) An action initiated by the Office of the Special Counsel under 5 U.S.C. § 

1215 or actions against Administrative Law Judges under 5 U.S.C. § 

7521; and

(e) Removal during a probationary or trial period, or during a temporary or 

time-limited appointment.

D. Applicability. 

Sections II, III, and V of this Policy apply to all FLRA employees in excepted and 

competitive General Schedule positions. 

Section IV applies to all supervisors in excepted and competitive General Schedule 

positions, as well as supervisors who are in Senior Level positions and Senior Executive 

Service. 

With the exception of Section VI, this policy does not apply to individuals who are in a 

probationary or trial period. 
3

This policy does not apply to employees serving under a temporary or time-limited 

appointment.

E. Policy. The Agency’s policy is that:

1. Supervisors will timely identify and take appropriate action to notify employees 

of conduct and/or performance problems in order to correct the problem using 

informal processes such as counseling, training, and closer supervision to achieve 

the mission of the FLRA in an efficient manner. While what is “timely” rests with 

the discretion of the FLRA and the appropriate supervisor, performance issues 

should be identified and addressed as soon as practicable, and within the 

applicable performance appraisal period absent unusual circumstances, and not be 

allowed to carry over from appraisal period to appraisal period without being 

disclosed to the employee.

2. If good faith efforts to resolve the problem informally fail, or if the problem is so 

severe that informal resolution is impractical, supervisors will apply discipline 

that is consistent and appropriate to the situation to achieve the mission of the 

FLRA in an efficient manner.

3. The FLRA protects from retaliation employees who have information that they 

reasonably believe to be evidence of violations of law, rule or regulation; gross 

mismanagement; gross waste of funds; an abuse of authority; or a substantial and 

specific danger to public health or safety, unless disclosure of such information is 

prohibited by law. As a result, the FLRA will take appropriate disciplinary action 

against supervisors who retaliate against such whistleblowers. 

4. The FLRA will attempt other means of avoiding costs in times of temporary 

budget shortfalls or mission lags so that furloughing employees is a last resort to 

accommodate the temporary deficit.

F. References.

1. 5 U.S.C. ch. 75, Adverse Actions;

2. 5 U.S.C. § 3322, Voluntary separation before resolution of personnel 

investigation;

3. Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017, Pub. L. 115-73, 131 

Stat. 1235 (2017); 
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4. National Defense Authorization Act for Fiscal Year 2018, Office of Special 

Counsel Reauthorization, Pub. L. No. 115-91, § 1097, 131 Stat. 1283, 1617-1626 

(2017); 

5. 5 C.F.R. pt. 752, Adverse Actions;

6. FLRA Regulations 3820.1, dated August 1, 1986, Administrative Grievance 

System;

7. FLRA Instruction No. 3430.3, dated October 1, 2012, General Schedule 

Performance Management Plan; and

8. FLRA Policy No. 3451, dated November 30, 2018, SES Performance 

Management System.

G. Definitions.

1. Adverse action refers to suspensions for more than 14 days, reductions in grade or 

pay, furloughs for 30 days or less, and removals.

2. Current continuous employment means a period of employment immediately 

preceding a suspension action in the same or similar position without a break in 

Federal civilian employment of a workday.

3. Day means calendar day.

4. Disciplinary action refers to reprimands and suspensions of 14 days or less.

5. Employee, for purposes of Sections 2 and 3, means:

(a) An individual in the competitive service who:

(1) is not serving a probationary or trial period under an initial 

appointment; and

(2) has completed one year or current continuous employment under 

other than a temporary appointment limited to one year or less.

(b) A preference eligible in the excepted service who has completed one year 

of current, continuous employment in the same or similar positions.
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(c) An individual in the excepted service other than a preference eligible who:

(1) is not serving a probationary or trial period under an initial 

appointment pending conversion to the competitive service; or

(2) has completed two years of current continuous service in the same 

or similar positions on other than a temporary appointment limited 

to two years or less.

6. Furlough means placing an employee in a temporary status without duties or pay 

because of lack of work or funds or other non-disciplinary reason.

7. Grade means a level of classification under a position classification system.

8. Indefinite suspension means the placing of an employee in a temporary status 

without duties and pay pending investigation, inquiry, or other agency action. 

The indefinite suspension continues to an indeterminate period of time and ends 

with the occurrence of the pending conditions set forth in the notice of action,

which may include the completion of any subsequent administrative action.

9. Pay means the rate of basic pay that is fixed by law or administrative action for 

the position held by the employee.

10. Personnel Investigation includes: 

(a) an investigation by an Inspector General; and

(b) an investigation that, had the employee not voluntarily resigned, would 

have resulted in an adverse action as a result of performance, misconduct 

or for such cause as will promote the efficiency of the service under 5 

U.S.C. ch. 43 or 5 U.S.C. ch. 75.

11. Preference eligible means veterans, spouses, widows, or mothers who meet the 

definition of “preference eligible” in 5 U.S.C. 2108. Preference eligibles, other 

than sole survivor veterans, are entitled to have 5 or 10 points added to their 

earned scores on a civil service examination; are entered on registers in the order 

prescribed by 5 C.F.R. § 332.401; are considered ahead of non-preference eligible 

for excepted service positions; and are listed ahead of individuals who are not 

preference eligibles in alternative ranking and selection procedures, in accordance 

with 5 U.S.C. § 3319. Preference eligibles, other than those who have not yet 

been discharged or released from active duty, are accorded a higher retention 

standing than non-preference eligible in the event of reduction-in-force under 5 
6

U.S.C. § 3502. Preference does not apply to in-service placement actions such as 

promotions.

12. Prohibited personnel practice related to whistleblowing means:

(a) a personnel action that a supervisor takes, fails to take, or threatens to take

or not take because an employee or applicant for employment has lawfully 

disclosed information employee or applicant reasonably believes 

evidences: a) a violation of any law, rule or regulation, b) gross 

mismanagement, a gross waste of funds, an abuse of authority, or a 

substantial and specific danger to public health or safety; 

(b) a personnel action that a supervisor takes, fails to take, or threatens to take 

or not take against employees who:

(1) lawfully exercise their right to appeal, complain or grieve an 

action;

(2) testify for or assist others in the lawful exercise of their rights to 

appeal, complain or grieve an action;

(3) cooperate with or disclose information to individuals responsible 

for conducting internal agency investigations or to the Special 

Counsel; 

(4) refusing to obey directions that would require the individual to 

violate a rule, law or regulation; or 

(c) a supervisor’s access of the medical records of an employee or applicant 

for employment in furtherance of any prohibited personnel practice 

described in 5 U.S.C. § 2302(b)(1)-(13).

13. Reprimand is a formal memorandum—the least severe form of formal discipline

for a first or relatively minor offense—that remains in the employee’s Official 

Personnel Folder (eOPF) for an established period of at least one, but no more 

than three, years. Reprimands may be expunged before their expiration dates if 

the appropriate supervisor determines they should be expunged or the employee 

leaves the FLRA, whichever comes first. Reprimands will not be erased, 

removed, altered, or withheld from another agency as part of, or as a condition to, 

resolving a formal or informal complaint by the employee or settling an 

administrative challenge to an adverse personnel action.
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14. Supervisor means an individual employed by the FLRA who has authority to 

take, direct others to take, recommend or approve any decision to hire, direct, 

assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or 

remove employees, to adjust their grievances, or to effectively recommend such 

action, if the exercise of the authority is not merely routine or clerical in nature 

but requires the consistent exercise of independent judgment.

15. Suspension means placing the employee, for disciplinary reasons, in a temporary 

status without duties and pay.

SECTION II. - DISCIPLINARY ACTIONS: REPRIMANDS AND SUSPENSIONS OF 14 

DAYS OR LESS

A. Standard for Action. The FLRA may reprimand an employee or suspend an employee 

for 14 days or less under this Section only for such cause as will promote the efficiency

of the federal service.

B. Procedures.

1. Supervisory responsibilities before taking disciplinary action. 

a. In cases of employee misconduct or poor performance, supervisors should 

consider the facts surrounding the circumstances carefully to ensure that 

formal action is warranted. This can include having a discussion with the 

employee and the employee’s representative, if any.

b. The supervisor or designated FLRA representative should carefully 

document in writing the facts surrounding the offense. This 

documentation may take the form of a written memorandum or other 

internal document or may be reflected in the written reprimand or notice 

of proposed action that sets forth the reasons for the proposal.

c. In choosing the appropriate penalty, the supervisor should consider the 

employee’s work performance and disciplinary history. When taking 

disciplinary action, supervisors have discretion to consider an employee’s 

disciplinary record and past work record, including all past misconduct —

not only similar past misconduct. Disciplinary action should be calibrated 

to the specific facts and circumstances of each individual employee’s

situation. Conduct that justifies the discipline of one employee at one time 

does not necessarily justify similar discipline of a different employee at a 

different time. Nonetheless, employees should be treated fairly. Thus,
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supervisors should consider appropriate comparators and how they have

treated similar instances of misconduct and/or poor performance as they 

evaluate potential disciplinary actions, in order to apply discipline 

consistently. Supervisors also should consider the Douglas Factors that 

are set forth herein as Appendix A.

d. If the supervisor, after discussion with the Human Resources Division 

(HRD), determines that formal action is not required, management should 

document the occurrence and the reasons for the decision in a 

memorandum for the record. The memorandum is not filed in the 

employee’s eOPF, but is retained in a separate agency file in case the 

problem continues or recurs within a one-year period. Copies of the 

memorandum should be provided to the employee or the employee’s

representative (if the employee designates a representative). 

e. When a supervisor, in coordination with the HRD, decides that formal 

discipline is warranted, the supervisor prepares an appropriate notice for 

the employee. For a reprimand, this is a notice of reprimand. For a 

suspension from duty without pay for up to fourteen days, this is a notice 

of proposed action. 

2. Employee entitlement. 

a. An employee reprimanded under this Section is entitled to a written 

reprimand that provides both specific information regarding the offense 

that is the basis for the reprimand and the length of time (one to three 

years) that the reprimand will remain in the employee’s eOPF. 

b. An employee suspended under this Section is entitled to:

(1) Notice of the proposed suspension. The written notice shall inform 

the employee of the nature of the offense in enough detail that the 

employee can respond to the charges. It informs the employee of 

the specific duration of the advance notice period, of the proposed 

suspension, and of the employee’s right to review the material that 

is relied upon to support the reasons for the action given in the 

notice.

(2) Representation. An employee whose suspension is proposed is 

entitled to be represented by an attorney or other representative. 

The FLRA may disallow an employee’s representative if the 
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representative’s activities would cause a conflict of interest or 

position, or if release from the employee’s official position would 

give rise to unreasonable costs or whose priority work assignments 

preclude the employee’s release to represent an employee.

(3) Employee answer. The employee will be given a reasonable time 

to answer a proposed suspension, but not less than 24 hours. The 

answer may be presented orally, in writing, or both ways, and may 

include affidavits and other documentary evidence in support of 

the answer. If an employee makes only an oral response, the 

FLRA representative to whom the employee responds summarizes 

the points made by the employee and provides a copy of the 

summary to the employee or the employee’s representative, if the 

employee designates a representative.

(4) FLRA decision. The employee will be given a timely written 

decision. In arriving at its written decision, the FLRA deciding 

official may consider only the charges specified in the notice of 

proposed suspension and will consider any response made by the 

employee or the employee’s representative to the designated 

FLRA representative. The FLRA decision will be to impose either 

the proposed penalty, a lesser penalty, or no penalty at all. The 

FLRA deciding official will deliver the notice of decision to the 

employee or the employee’s representative, if the employee 

designates a representative, at or before the time the action is to be 

effective.

C. Employee Right to File a Grievance. Employees may not grieve a proposed 

disciplinary action. Employees against whom formal disciplinary action, including a 

reprimand, is imposed may file a grievance. Employees must use the FLRA 

Administrative Grievance System that is set forth in FLRA Regulation No. 3820.1. 

D. Agency Records.

1. The FLRA will maintain copies of the written summary of the investigation of 

misconduct, if any, or instances of poor performance; the notice of proposed 

action; the summary of the employee’s oral response and/or the employee’s 

written response; the notice of decision; and any other material documenting the 

action in a FLRA disciplinary action file maintained by HRD.
10

2. Reprimands will state the duration (from one to three years) in which the 

reprimand will remain a part of the Employee’s eOPF. Reprimands are 

temporary documents and must be removed from the eOPF at their scheduled 

expiration date. 

3. Reprimands, along with other information about an employee’s conduct or 

performance, may not be removed, altered or erased from the eOPF or withheld 

from another agency as part of, or as a condition to, resolving a formal or 

informal complaint by the employee or settling an administrative challenge to an 

adverse personnel action.

4. Suspensions are documented by OPM Form 50, which are permanent 

records filed in the employee’s eOPF.

5. The FLRA may take corrective action at any time during the adverse

action process when:

a. The FLRA becomes aware that the information contained in a 

personnel record is not accurate or records an action taken by 

the agency illegally or in error. In such cases, the FLRA

would have the authority, unilaterally or by agreement, to 

modify an employee’s personnel file to remove inaccurate 

information or the record of an erroneous or illegal action. 

The FLRA may take such action even if an appeal/complaint 

has been filed relating to the information that the FLRA 

determines to be inaccurate or to reflect an action taken 

illegally or in error. In all events, however, the FLRA must 

ensure that it removes only information that the agency itself 

has determined to be inaccurate or to reflect an action taken 

illegally or in error; or

b. Persuasive evidence comes to light prior to the issuance of a 

final agency decision on an adverse personnel action casting 

doubt on the validity of the action or the ability of the FLRA 

to sustain the action in litigation. In such a case, the FLRA

may decide to cancel or vacate the proposed adverse action. 

Such additional information may come to light at any stage of 

the process prior to final agency decision including during an 

employee response period. To the extent an employee’s 

personnel file or other FLRA records contain a proposed 

action that is subsequently cancelled, the FLRA will remove 
11

that action from the employee’s personnel file or other 

agency files.

SECTION III. - ADVERSE ACTIONS: REMOVAL, REDUCTION IN GRADE, PAY, 

AND SUSPENSION FOR MORE THAN 14 DAYS

A. Standard for Action. The FLRA may remove an employee from Federal service, 

reduce an employee in grade and/or pay, or suspend the employee for more than 14 days 

for misconduct or poor performance under this Section only for such cause as will 

promote the efficiency of the service. 

B. Procedures.

1. Supervisory responsibilities before taking action. 

a. In cases of employee misconduct or poor performance, supervisors must 

gather and consider the facts surrounding the circumstances carefully to 

ensure that formal action is warranted. 

b. The supervisor or designated FLRA representative must carefully 

document in writing the facts surrounding the offense or the instances of 

poor performance. This documentation may take the form of a 

memorandum or other internal document, or a letter of proposed action 

that sets forth the reasons supporting the proposal.

c. In choosing the appropriate penalty, the supervisor should consider the 

employee’s work performance and disciplinary history. When taking an 

adverse action, supervisors have discretion to take into account an 

employee’s disciplinary record and past work record, including all past 

misconduct — not only similar past misconduct. Disciplinary action 

should be calibrated to the specific facts and circumstances of each 

individual employee’s situation. Conduct that justifies the discipline of 

one employee at one time does not necessarily justify similar discipline of 

a different employee at a different time. Nonetheless, employees should 

be treated fairly. Thus, supervisors should consider appropriate 

comparators and how they have treated similar instances of misconduct 

and/or poor performance. Supervisors also must consider the Douglas 

Factors that are set forth herein as Appendix A.

d. Supervisors should coordinate with the HRD to determine if this Policy 

provides the appropriate processes for taking action on a performance 
12

problem. Examples of reasons that a supervisor would choose this 

process include: a situation that involves both poor performance and 

misconduct, and a situation in which the supervisor wishes to use a history 

of performance problems and/or instances of misconduct that extend back 

beyond one year. If a supervisor takes a performance-based action under 

this Section, the supervisor must consider whether the employee has had 

appropriate notice of performance deficiencies and a reasonable 

opportunity to improve the deficiencies before that supervisor proposes an 

adverse action. As mentioned in the example above, and different from 

performance-based actions taken under 5 C.F.R. § 432.105(a), 

management can consider performance deficiencies that occurred further 

back than one year from the notice period. Although a supervisor is not 

required to provide a formal opportunity period to improve performance 

under this Section, the supervisor must be prepared to prove that the 

employee had appropriate notice and to justify the action before a third 

party under the higher “preponderance” standard of evidence rather than

the “substantial” standard applied to actions taken under 5 C.F.R. pt. 432. 

See 5 U.S.C. § 7701(c)(1).

e. If the supervisor, in consultation with the HRD, determines that formal 

action is not required, management should document the occurrence and 

the reasons for the decision in a memorandum for record. The 

memorandum is not filed in the employee’s eOPF, but is retained in a 

separate agency file in case the problem continues or recurs. Copies of 

the memorandum should be provided to the employee or the employee’s 

representative. 

f. When the supervisor, in coordination with the HRD, decides that adverse 

action is warranted, that supervisor prepares a notice of proposed action. 

2. Employee entitlement.

a. Notice of proposed action. The employee against whom an adverse action 

is being considered has the right to a written notice of proposed action at 

least 30 days before the action will be taken. The notice will explain the 

offense in enough detail that the employee can respond to the charges. It 

will also advise the employee of the specific proposed action and of the 

employee’s and the employee’s representative’s right to review the 

material and records relied upon to propose the action. The FLRA may 

not rely upon material that, under the Privacy Act, cannot be disclosed to 
13

the employee, the employee’s representative, or the employee’s

designated physician.

b. Representation. An employee covered by this Section is entitled to be 

represented by an attorney or other representative. The FLRA may 

disallow an employee’s representative only if the representative’s 

activities might cause a conflict of interest or position or whose release 

from the employee’s official position would give rise to unreasonable 

costs or whose priority work assignments preclude the employee’s release.

c. Employee answer.

(1) FLRA will give the employee, and the employee representative, if 

any, a reasonable amount of official time, to extend over not less 

than seven days, to review the material relied upon to support its 

proposal and to prepare an answer and to secure affidavits, if the 

employee is otherwise in a duty status.

(2) FLRA will designate an official to hear the employee’s oral 

response who has the authority either to make or recommend a 

final decision on the adverse action.

(3) The employee may make an oral response, provide a written 

response, or respond in both ways to a designated FLRA official. 

The employee may provide affidavits or other documentary 

evidence to support the answer. If an employee makes only an oral 

response, the FLRA representative to whom the employee 

responds should summarize and document the points made by the 

employee for the record and provide a copy of the summary to the 

employee or the employee’s representative, if the employee 

designates a representative.

d. FLRA decision. In arriving at the decision, the FLRA designated official 

must consider only the reasons for the action set forth in the notice of 

proposed action. The FLRA designated official must also consider any 

information provided by the employee and the employee’s representative, 

if any, in response to the charges. The decision must be to impose either 

the proposed penalty, a lesser penalty, or no penalty at all. The FLRA 

designated official will deliver the notice of decision to the employee at or 

before the time that the action will be affected and advise the employee of 

the employee’s grievance or appeal rights. To the extent practicable, the 
14

FLRA will issue decisions concerning proposed removals within 15 

business days of the end of the employee answer period.

C. Employee Status During Notice Period. Under ordinary circumstances, an employee 

whose removal, reduction in grade and/or pay, or suspension, including indefinite 

suspension, has been proposed will remain in a duty status in the employee’s regular 

position during the advance notice period. If management concludes that the employee’s 

presence in the employee’s position of record may be detrimental to the employee or 

unduly disruptive to the efficiency of the agency, management may detail the employee 

to another position during the notice period. In circumstances in which the FLRA 

determines that the employee’s continued presence in the workplace during the notice 

period may pose a threat to the employee or others, result in loss of or damage to 

Government property, or otherwise jeopardize legitimate Government interests, the 

FLRA may elect either one or a combination of the following alternatives:

1. Assign the employee to duties where the employee is no longer a threat to safety, 

the FLRA mission, or Government property;

2. Allow the employee to take leave or carry the employee in an appropriate leave 

status (annual, sick, leave without pay, or absent without leave if the employee 

has absented himself from the workplace without requesting leave);

3. Curtail the notice period when the FLRA can invoke the “crime” provision of 5 

C.F.R. 752.404(d)(1). This provision, which is described below, may be invoked 

even in the absence of judicial action if the FLRA has reasonable cause to believe 

that the employee has committed a crime for which a sentence of imprisonment 

may be imposed; or 

 

4. Place the employee in a paid, non-duty status during the notice or proposed action 

period, subject to the limitations of 5 U.S.C. § 6329a (2018).

D. “Crime” Provision. In accordance with 5 C.F.R. 752.404(d)(1), the FLRA may forego 

providing 30 days advance written notice if it has reasonable cause to believe that the 

employee has committed a crime for which a sentence of imprisonment may be imposed 

and is proposing a removal or suspension (including an indefinite suspension). If this is 

the case, the FLRA may require the employee to furnish the employee’s answer to the 

proposed charges, including affidavits and other documentary evidence, within a time 

that is reasonable under the circumstances, but not less than seven days. If the 

circumstances require the employee to be kept away from the work site, the FLRA may 

place the employee in a non-duty status with pay for the time necessary to affect the 

action.
15

E. Introduction of Medical Evidence.

1. If the employee wishes the FLRA to consider any medical problem which 

contributed to the conduct or performance problem, the employee will be given a 

reasonable time to provide medical documentation in accordance with the 

applicable provisions of 5 C.F.R. 339. Whenever possible, the employee will 

provide the medical documentation within the time limits allowed for the 

response to the proposed action.

2. After its review of medical evidence, the FLRA is authorized by 5 C.F.R. 339.301 

- 304 to require an agency-sponsored medical examination. In this case, the 

FLRA will name the physician and pay for the costs associated with the 

examination. If the FLRA determines that an agency-sponsored examination is 

necessary to make an informed decision regarding the proposed action, the FLRA 

will notify the employee in writing of the reasons for requiring the examination 

and the consequences if the employee fails to comply.

3. If the employee has the requisite years of service under either the Civil Service 

Retirement System or the Federal Employees Retirement System, the FLRA will 

provide the employee with information regarding disability retirement. In doing 

so, the FLRA will remain aware of its affirmative obligations under the 

provisions of 29 C.F.R. § 1614.203, that require reasonable accommodation of a 

qualified employee who is disabled. 

4. An employee’s application for disability retirement will not preclude or delay any 

other appropriate personnel action. 5 C.F.R. §§ 831.1204(e); 831.1205 describes 

the basis under which the FLRA will file an application for disability retirement 

on behalf of the employee.

F. Employee Grievance and Appeal Rights. An employee may not grieve or appeal a 

proposed action. An employee against whom action is taken under this Section is 

entitled to appeal the action to the Merit Systems Protection Board (MSPB). 

G. Agency Records.

1. The FLRA will maintain copies of the written summary of the investigation of 

misconduct, if any, or instances of poor performance; the notice of proposed 

action; the summary of the employee’s oral response and/or the employee’s 

written response; the notice of decision; and any other material documenting the 

action in an Agency disciplinary action file maintained in the HRD.
16

2. Information about an employee’s conduct or performance may not be removed, 

altered or erased from the eOPF or withheld from another agency as part of, or as 

a condition to, resolving a formal or informal complaint by the employee or 

settling an administrative challenge to an adverse personnel action.

3. Suspensions are documented by OPM Forms 50, which are 

permanent records filed in the employee’s eOPF.

4. The FLRA may take corrective action at any time during the adverse

action process when:

a. The FLRA becomes aware that the information contained in a 

personnel record is not accurate or records an action taken by 

the agency illegally or in error. In such cases, an agency 

would have the authority, unilaterally or by agreement, to 

modify an employee’s personnel file to remove inaccurate 

information or the record of an erroneous or illegal action. 

The FLRA may take such action even if an appeal/complaint 

has been filed relating to the information that the FLRA 

determines to be inaccurate or to reflect an action taken 

illegally or in error. In all events, however, the FLRA must 

ensure that it removes only information that the agency itself 

has determined to be inaccurate or to reflect an action taken 

illegally or in error; or

b. Persuasive evidence comes to light prior to the issuance of a 

final agency decision on an adverse personnel action casting 

doubt on the validity of the action or the ability of the FLRA 

to sustain the action in litigation. In such a case, the FLRA 

may decide to cancel or vacate the proposed adverse action. 

Such additional information may come to light at any stage of 

the process prior to final agency decision including during an 

employee response period. To the extent an employee’s 

personnel file or other FLRA records contain a proposed 

action that is subsequently cancelled, the FLRA will remove 

that action from the employee’s personnel file or other 

agency files. 

SECTION IV. - SUPERVISOR VIOLATIONS OF WHISTLEBLOWER PROTECTIONS 

A. In General. Subject to 5 U.S.C. § 1214(f), if the Chairman of the FLRA, an 

administrative law judge, the MSPB, the Office of Special Counsel, a judge of the United 
17

States, or the Inspector General of the FLRA has determined that an FLRA supervisor 

has committed a prohibited personnel practice related to whistleblowing, the Chairman of 

the FLRA, consistent with the procedures required under Section IV(B):

1. for the first prohibited personnel action committed by the supervisor:

a. shall propose suspending the supervisor for a period that is not less than 

three days; and

b. may propose an additional action the FLRA Chairman determines to be 

appropriate, including a reduction in grade or pay; and

2. for the second prohibited personnel action committed by the supervisor, shall 

propose removing the supervisor.

If the Chairman of the FLRA is responsible for determining whether a supervisor has 

committed a prohibited personnel practice related to whistleblowing, the Chairman may 

not delegate that responsibility.

B. Procedures.

1. Notice of proposed action. A supervisor against whom an action is proposed to be 

taken under Section IV(A) is entitled to written notice that:

a. states the specific reasons for the proposed action; and

b. informs the supervisor of the employee’s right to review the material that 

the FLRA relies upon in support of the notice for the proposed action.

2. Representation. A supervisor covered by this Section IV is entitled to be 

represented by an attorney or other representative. The FLRA may disallow an 

employee’s representative if the representative’s activities might cause a conflict 

of interest or position or whose release from the employee’s official position 

would give rise to unreasonable costs or whose priority work assignments 

preclude the employee’s release.

3. Supervisor Answer. A supervisor who receives notice under Section IV(B)(1) 

may, not later than 14 days after the date on which the supervisor receives the 

notice, submit an answer and furnish evidence in support of that answer.

4. FLRA Decision. If, after the end of the 14-day period described in Section 

IV(B)(3), a supervisor does not furnish any evidence as described in that Section 

clause, or if the Chairman of the FLRA determines that the evidence furnished by 

the supervisor is insufficient, the Chairman shall impose the penalties proposed 

under Sections IV(A)(1) or IV(A)(2), as applicable. In arriving at the decision, 
18

the Chairman must:

a. consider only the reasons for the action set forth in the notice of proposed 

action;

b. consider any information provided by the supervisor and the supervisor’s 

representative, if any, in response to the charges;

c. issue a written decision containing specific reasons for the decision as 

soon as practicable (in removal cases, within 15 business days of the end 

of the employee answer period, if practicable); and

d. deliver the notice of decision to the supervisor or authorized representative 

at or before the time that the action will be effected and advise the 

supervisor of the employee’s appeal rights.

C. Supervisor Appeal Rights. A supervisor may not appeal a proposed action. A 

supervisor against whom action is taken under this Section is entitled to appeal the action 

to the MSPB. 

D. Agency Records.

1. The FLRA will maintain copies of the notice of proposed action, the answer of the 

employee if written, a summary thereof if made orally, the notice of decision and 

reasons therefor, and any order imposing an adverse action, together with any 

supporting material. Such material shall be furnished to the MSPB upon its 

request and to the supervisor upon the supervisor’s request.

2. Reprimands, along with other information about an employee’s conduct or 

performance, may not be removed, altered or erased from the eOPF or withheld 

from another agency as part of, or as a condition to, resolving a formal or 

informal complaint by the employee or settling an administrative challenge to an 

adverse personnel action.

3. Suspensions and removals are documented on OPM Form 50, which are 

permanent records filed in the employee’s eOPF. Suspension and removals on 

OPM Form 50 are removed from the eOPF if the action, due to an employee 

appeal, is canceled or mitigated.

4. The FLRA may take corrective action at any time during the adverse action

process when:
19

a. The FLRA becomes aware that the information contained in a 

personnel record is not accurate or records an action taken by 

the agency illegally or in error. In such cases, the FLRA

would have the authority, unilaterally or by agreement, to 

modify an employee’s personnel file to remove inaccurate 

information or the record of an erroneous or illegal action. 

The FLRA may take such action even if an appeal/complaint 

has been filed relating to the information that the FLRA 

determines to be inaccurate or to reflect an action taken 

illegally or in error. In all events, however, the FLRA must 

ensure that it removes only information that the agency itself 

has determined to be inaccurate or to reflect an action taken 

illegally or in error; or

b. Persuasive evidence comes to light prior to the issuance of a 

final agency decision on an adverse personnel action casting 

doubt on the validity of the action or the ability of the FLRA 

to sustain the action in litigation. In such a case, the FLRA 

may decide to cancel or vacate the proposed adverse action. 

Such additional information may come to light at any stage of 

the process prior to final agency decision including during an 

employee response period. To the extent an employee’s 

personnel file or other FLRA records contain a proposed 

action that is subsequently cancelled, the FLRA will remove 

that action from the employee’s personnel file or other 

agency files.

SECTION V. - ADVERSE ACTIONS: VOLUNTARY SEPARATION 

BEFORE RESOLUTION OF A PERSONNEL INVESTIGATION

A. Notating an Employees Personnel Record. When an FLRA employee occupying a 

position in the competitive service or the excepted service is the subject of a personnel 

investigation and resigns from Government employment prior to the resolution of such 

investigation, the Chairman shall, if an adverse finding was made with respect to such 

employee pursuant to such investigation, make a permanent notation in the employee's 

official personnel record file. The Chairman shall make such notation not later than 40 

days after the date of the resolution of such investigation.

B. Definitions: In this section, the term “personnel investigation” includes an investigation 

by and Inspector General and an adverse personnel action as a result of misconduct or for 

such cause as will promote the efficiency of the serviced under 5 U.S.C. ch. 75.
20

C. Procedures. Prior to making a permanent notation in an employee's official personnel 

record file under subsection (1), the Chairman shall:

1. Notify the employee in writing within 5 days of the resolution of the investigation 

and provide such employee a copy of the adverse finding and any supporting 

documentation;.

2. Provide the employee with not less than 30 days, to respond in writing and to 

furnish affidavits and other documentary evidence to show why the adverse 

finding was unfounded (a summary of which shall be included in any notation 

made to the employee's personnel file under subsection (D.1.)); and

3. Provide a written decision and the specific reasons for the decision to the 

employee at the earliest practicable date.

D. Employee Appeal. An employee is entitled to appeal the decision of the head of the 

agency to make a permanent notation under subsection (A) to the Merit Systems 

Protection Board under section 7701.

1. If an employee files an appeal with the Merit Systems Protection Board pursuant 

to this subsection, the Chairman shall make a notation in the employee's official 

personnel record indicating that an appeal disputing the notation is pending not 

later than 2 weeks after the date on which such appeal was filed.

2. If the Chairman is the prevailing party on appeal, not later than 2 weeks after the 

date that the Board issues the appeal decision, the head of the agency shall 

remove the notation made under paragraph C.1. from the employee's official 

personnel record file.

3. If the employee is the prevailing party on appeal, not later than 2 weeks after the 

date that the Board issues the appeal decision, the Chairman shall remove the 

notation made under paragraph C.1. and the notation of an adverse finding made 

under subsection B.3. from the employee's official personnel record file.

SECTION VI. - FURLOUGHS FOR 30 DAYS OR LESS

A. Standard for Action. The FLRA may take action under this Section for reasons of lack 

of money or work. 

B. Procedures. When the FLRA decides that it must furlough employees for 30 days or 

less, it will follow procedures described below:

1. Notice of proposed furlough. 
21

a. Employees are entitled to 30 days advance written notice of a 

pending furlough of 30 days or less. The notice will include the 

employee’s and the employee representative’s, if any, right to review 

the material relied upon to determine that the furlough is necessary. 

b. When some, but not all, employees in a competitive level are being 

furloughed, the notice of proposal will state the basis for selecting 

particular employees for furlough, as well as the basis for the 

furlough. 

c. The advance written notice and opportunity to answer are not 

required for furloughs without pay caused by unforeseeable 

circumstances such as sudden emergencies requiring immediate 

curtailment of activities, acts of nature, or government shutdowns.

d. If a furlough extends beyond 30 calendar days (as in, for example, a 

government shutdown), the FLRA will treat the successive thirty-day 

period as a second furlough and issue another furlough notice as 

described in paragraphs a and b above. If the extension of the 

furlough is caused by unforeseen circumstances, the FLRA may 

dispense with the advance written notice and opportunity to answer as 

described in paragraph c above. 

2. Representation. An employee covered by this Section is entitled to be 

represented by an attorney or other representative. The FLRA may disallow an 

employee’s representative if the representative’s activities might cause a conflict 

of interest or position or whose release from the employee’s official position 

would give rise to unreasonable costs or whose priority work assignments 

preclude the employee’s release.

3. Employee’s answer. 

a. Except as provided above, the FLRA will give the employee a 

reasonable amount of official time to review the material relied upon 

to support the proposed furlough and to reply orally, in writing, or 

both ways.

b. The FLRA will designate an official to hear the employee’s oral 

response who has the authority either to make or recommend a final 

decision on the furlough action. If an employee makes only an oral 

response, the FLRA representative to whom the employee responds 
22

must summarize and document the points made by the employee for 

the record and provide a copy of the summary to the employee and 

the employee’s representative, if any.

4. FLRA decision. In arriving at its decision, the FLRA designated official will 

consider only the reasons for action set forth in the notice of proposed action. It 

will also consider any information provided by the employee and the employee’s 

representative, if any, in response to the proposed notice. The FLRA designated 

official will deliver the notice of decision to the employee at or before the time 

that the furlough will be affected and advise the employee of appeal rights.

C. Employee Appeal Rights. An employee against whom action is taken under this 

Section is entitled to appeal the action to the MSPB. 

D. Agency Records.

1. The FLRA will maintain copies of the notice of proposed action; the summary of 

the employee’s oral response, if any; the employee’s written response, if any; the 

notice of decision; and any other material documenting the furlough.

2. Furloughs are documented on OPM Form 50, which are permanent records filed 

in the employee’s eOPF.

SECTION VII. - PROGRAM ADMINISTRATION AND EVALUATION

The HRD administers and evaluates these programs and sets forth the procedures set forth in this 

Policy. Questions and suggestions for improvements are welcome and should be directed to the 

HRD.

This Policy is effective June 3, 2020.

______________________________

Michael Jeffries, Executive Director

APPENDIX A. Douglas Factors
23

APPENDIX A. DOUGLAS FACTORS

Douglas Factors are the factors set forth by the Merit Systems Protection Board in its precedent 

setting case, Douglas v. Veteran’s Administration, 5 M.S.P.R. 280 (1981). In considering 

disciplinary actions based on conduct issues, supervisors must consider Douglas Factors. Note 

that supervisors may properly take into account factors not listed under appropriate 

circumstances:

(1) Nature and seriousness of the offense and its relation to the employee’s duties, 

position, and responsibilities;

(2) Employee’s job level and type of employment, including fiduciary roles, contacts 

with the public, and prominence of the position;

(3) Employee’s past disciplinary record;

(4) Employee’s past work performance, including length of service, ability to get 

along with fellow workers, ability to do the work, and dependability;

(5) The effect of the offense on the employee’s ability to perform effectively and the 

supervisor’s confidence in the employee;

(6) Consistency of the penalty with those imposed upon other employees for same or 

similar offenses;

(7) Notoriety of the offense and its impact upon the FLRA’s reputation;

(8) Clarity with which the employee was on notice that he or she was violating rules 

and had been warned about the misconduct or performance;

(9) Potential for the employee’s rehabilitation;

(10) Mitigating circumstances such as unusual job tensions or sexual harassment; and

(11) Adequacy and effectiveness of alternative sanctions to deter such future 

misconduct or poor performance.

(12) Consistency of the penalty with other penalties imposed by the same supervisor 

for the same or similar instances of misconduct.
Attachment 3 
UNITED STATES OF AMERICA 

FEDERAL LABOR RELATIONS AUTHORITY 

1400 K STREET N.W. • WASHINGTON, D.C. 20424-0001 

Training Plan 

(Rights and Remedies under Federal Antidiscrimination 

and Whistleblower-Protection Laws) 

(Last updated December I 5, 2020; Last reviewed December 15, 2020) 

Purpose and Background 

The Agency developed the following training plan, which it has reviewed and 

updated as necessary, in response to the requirement in§ 201 of the Notification and 

Federal Employees Antidiscrimination and Retaliation Act of 2002 (NoFEAR Act), 

5 U.S.C. §2301 note, that each federal agency provide training to its employees regarding 

the rights and remedies applicable to them under the Federal Antidiscrimination Laws 

and Whistleblower Protection Laws. Pursuant to Office of Personnel Management 

(OPM) regulations implementing the requirements of§ 201 of the No FEAR Act, each 

federal agency is required to develop a written plan to train all of its employees, including 

supervisors and managers, regarding those matters. 5 C.F.R. § 724.203. 

Scope of Training 

The Agency will provide all Agency employees, including supervisors and 

managers, with training regarding their rights and remedies under Federal 

Antidiscrimination Laws and Whistleblower Protection Laws. 

Instructional Material and Method of Training 

The training will be an online, self-paced, computer-based program. Although the 

course is self-paced, employees will be directed to complete it by the applicable deadlines 

in OPM's regulations. 

Beginning with the FY 2018-2019 bi-annual training cycle, the Agency has used a 

self-guided PowerPoint training. Topics covered include: whistleblowing; race, color, 

and national origin; religion; sex and age; disability; retaliation; and genetic information. 

After completing the course, employees are able to: identify and interpret the 

antidiscrimination and whistleblower protection laws; explain the rights and 

responsibilities of whistleblowcr protection or antidiscrimination laws; follow the steps 

for filing a complaint alleging a violation of whistleblower protection or 

antidiscrimination laws; and understand the equal employment opportunity laws enforced 

by the EEOC. Upon completion of the training segment, employees must provide a 

certificate of completion to the FLRA's Human Resources Department (HRD). 
Training schedule 

The completion date for the initial training was December 17, 2006, and the 

completion date for subsequent trainings of all employees has been no later than 

December 17, 2008, and every two years thereafter. 

The completion date for new employees is within 90 days after their appointment. 

Means of documenting completion of training 

Employees are required to submit certificates of completion and provide it to the 

HRD. The Human Resources Director prints out these results and maintains them in the 

HRD files. 

Periodic review of training plan 

The Agency will continue to review this policy periodically, and update it as 

necessary.