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.
Personal conversations that can be overheard by other employees who consider the conversation offensive can also create ahostile environment. Such allegations should be confirmed with the employees directly involved in the incident along with any witnesses who might have firsthand information.
FLETC will follow guidance regarding harassment established by the Equal Employment Opportunity Commission (EEOC) and standards regarding harassment set by the Supreme Court in two landmark decisions: Burlington Industries, Inc. It is very important to demonstrate to concerned employees that the allegations are taken seriously and that management will not condone offensive behavior.
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.