Intimidating hostile or offensive work

Posted by / 28-Oct-2019 14:48

Intimidating hostile or offensive work

A hostile work environment allows ridicule, abuse, insults or derogatory comments that are directly or indirectly based on race, color, national origin, sex, sexual harassment, religion, age, handicap, sexual orientation, reprisal, marital status, political affiliation or parental status. While isolated incidents of harassment generally do not violate federal law, a pattern of incidents may be unlawful.It is further defined as an offensive or intimidating environment that unreasonably interferes with work performance or that otherwise adversely affects employment opportunities. Employees are also responsible to take advantage of any preventive or corrective opportunities provided by FLETC or to otherwise avoid harm.Discrimination based on race is prohibited by Title VII of the Civil Rights Act of 1964.Racial discrimination occurs when persons are treated differently than others who are similarly situated because they are members of a specific race (e.g., White, Black, Asian, etc.).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).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.

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

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.

Reprisal occurs when employees are treated differently because they are, or were, involved in a protected EEO activity (e.g., seeking or participating in EEO counseling, providing testimony in an EEO investigation or at an EEO hearing, filing a discrimination complaint, or speaking out against discriminatory activities). Liability is premised on two principles: 1) an employer is responsible for the acts of its supervisors; and 2) employers should be encouraged to prevent harassment and employees should be encouraged to avoid or limit the harm from harassment.

EEOC regulation 29 CFR, Part 1614, Section 102 (a) (3) requires agencies to help make the Federal Government a model employer by eliminating discrimination from personnel policies, practices and working conditions. Employees are responsible to come forward and report any behavior they view as harassment before it becomes severe or pervasive.

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Examples of employees who are similarly situated may be those working in the same position and grade, the same component, or under the same line of supervision.

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