Intimidating hostile or offensive work

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Discrimination based on disability is prohibited by the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. The first occurs when employees or applicants are treated differently on the basis of their physical or mental disabilities.

The second occurs when management fails to make reasonable accommodation for the disabling condition(s).

A person with a disability is defined as one who has a physical or mental impairment which substantially limits one or more major lifefunctions (e.g., walking, speaking, breathing, learning, etc.); one who has a record of such, or one who is regarded as having a disability.

Discrimination based on reprisal is prohibited by Title VII of the Civil Rights Act of 1964. In these decisions, the Supreme Court made clear that employers are subject to vicarious liability for unlawful harassment by supervisors.

Disciplinary actions will be taken solely on the basis of employees’ behavior and performance.

Harassment of any kind based on race, color, religion, sex, national origin, age, disability, or reprisal, is forbidden and subject to appropriate disciplinary action.

With regard to hostile environment, even if it is proven, the agency can still avoid liability if it can show: (1) that the agency took prompt corrective action once it became aware of the discriminatory harassment; and (2) the complainant failed to avail him/herself of the redress that the agency offers.

All supervisors and managers have a responsibility to: Upon completion of the inquiry, the appropriate FLETC management officials shall promptly evaluate the evidence and determine the appropriate action to take.

Examples include hiring, firing, promotion, demotion, undesirable reassignment, a decision causing a significant change in benefits, compensation decisions, and work assignment.

Discrimination based on national origin is prohibited by Title VII of the Civil Rights Act of 1964.

National origin discrimination includes that based on an individual’s or his or her ancestors’ place of origin, or physical, cultural or linguistic characteristics.

Discrimination based on religion is prohibited by Title VII of the Civil Rights Act of 1964.

In defining religious discrimination, the United States Supreme Court held that religion is not limited to Orthodox or well recognized denominations; e.g., Catholic, Baptist or Judaism.

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