Equal Employment Opportunity

The Federal Law Enforcement Training Centers (FLETC) prepares the federal law enforcement community to safeguard the American people, our homeland, and our values. As we work each day to fulfill this mission, we must commit to fostering a workplace that supports and promotes the principles of Equal Employment Opportunity (EEO) for all individuals, embraces a diverse and inclusive work environment, and remains free of retaliation and harassment.

The bedrock of EEO is the right to work and advance on the basis of merit, ability, and potential, free from prejudice or discrimination. FLETC prohibits employment discrimination based on race, color, religion, sex (including pregnancy, gender identity and sexual orientation), national origin, disability (mental and physical), age (40 years and over), genetic information, and reprisal. Employees who believe they have been discriminated against are fully able to exercise their right to file an EEO complaint and otherwise oppose unlawful discrimination without fear of retaliation.

In addition, consistent with Presidential Executive Orders and other laws designated to protect Federal employees, FLETC prohibits discrimination based on parental status, marital status, political affiliation, military service, or any other non-merit-based factor. This policy applies to employees, applicants, former employees, and students (under certain circumstances). These protections extend to all management practices and decisions, including recruitment and hiring practices, appraisal systems, promotions, and training and career development programs.

Moreover, even if an individual’s behavior does not rise to the level of unlawful discrimination as defined by Federal law, Executive Order, regulation or policy, it may still violate FLETC’s Standards of Conduct and may subject the individual to discipline.

All supervisors/managers are required to immediately report incidents of harassment. Employees are also encouraged to report harassment immediately to the appropriate officials (i.e., FLETC EEO Officer, Human Capital Officer, or any supervisor). Students should report any incident to sources listed above or to an Instructor, Program Technician, Program Specialist, Program Manager, or Agency Representative. Training Program Managers are required to brief students on this policy during orientation.

As Director, I reaffirm my commitment to preventing any unlawful discrimination and/or harassment pertaining to FLETC employment policies, procedures, practices, and operations. I expect all FLETC personnel to join me in creating a work environment free from unlawful discrimination, promoting awareness of employee rights and responsibilities, and providing a fair and neutral process for adjudicating complaints without fear of retaliation. Achievement of our equal employment opportunity objectives enhances our ability to accomplish our mission and reflects our core values.

Thomas J. Walters
FLETC Director

2022 Anti-Discrimination & Anti-Harassment Policy

The Federal Law Enforcement Training Centers (FLETC) provides equal employment opportunity for all persons in accordance with applicable anti-discrimination statutes, executives orders, and other authorities. FLETC has zero tolerance for discrimination and/or harassment in any aspect of employment. Employees are protected to the fullest extent of the law on the basis of an individual’s race, color, religion, sex (including gender identity, pregnancy, and sexual orientation), genetic information, national origin, disability, age, marital status, parental status, political affiliation, military service (past, present and future), and against retaliation for participation in EEO activity or opposition of discrimination.

Race
Discrimination based on race is prohibited by Title VII of the Civil Rights Act of 1964, as amended. 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.) 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.

Color
Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination based on color. This type of discrimination occurs when persons are treated differently than others who are similarly situated because of the color of their skin. Color discrimination can occur together with race discrimination but may also occur between members of the same race.

Religion
Discrimination based on religion is prohibited by Title VII of the Civil Rights Act of 1964, as amended. 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. All that is required is a sincere and meaningful belief equivalent to the belief in God held by the more well recognized religions. Atheists are also protected.

National Origin
Discrimination based on national origin is prohibited by Title VII of the Civil Rights Act of 1964, as amended. National origin discrimination includes that based on an individual’s, or their ancestors’ place of origin, or physical, cultural or linguistic characteristics.

Sex
Sex discrimination involves treating someone unfavorably because of that person’s sex, including the person’s sexual orientation, gender identity, or pregnancy.

Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination based on sex in violation of Title VII of the Civil Rights Act of 1964, as amended.  For more information about LGBTQ+-related sex discrimination claims, see Sexual Orientation and Gender Identity Discrimination.

Age
Discrimination based on age is prohibited by the Age Discrimination in Employment Act of 1967. For Federal employees, the protected age group is age 40 and above, with no upper age limit. Age discrimination also occurs among age groups where all members are over age 40.
For example, the selection of a 45-year-old candidate may appear to be discriminatory to 55-year-old candidates if it can be shown that management has never selected a candidate at or above age 55.

Disability
Discrimination based on disability is prohibited by the Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, and the Americans with Disabilities Amendments Act of 2008. Disability discrimination can occur in two ways. 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 life activities (e.g., walking, speaking, breathing, learning, lifting, etc.); one who has a record of such, or one who is regarded as having a disability.

Genetic Information 
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009. Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs - referred to as “covered entities”) from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of genetic information.

Reprisal
Discrimination based on reprisal is prohibited by Title VII of the Civil Rights Act of 1964, as amended. 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).

Harassment based on Non-Statutory Bases such as Parental Status, Marital Status or Political Affiliation
Complaints on the basis of parental status, marital status, or political affiliation are not enforced by the Equal Employment Opportunity Commission (EEOC); however, the FLETC EEO office will process the initial complaint and forward to the Department of Homeland Security, Office for Civil Rights and Civil Liberties, for issuance of a Final Agency Decision.

If you are an employee, former employee, applicant for employment, or student and feel that you have been subjected to unlawful discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation, gender identity and pregnancy), age (over 40), physical or mental disability, protected genetic information, or reprisal for EEO protected activity, and wish to pursue the EEO complaint process, you must first seek EEO counseling. Similarly, you must first seek EEO counseling if you wish to initiate a discrimination complaint based on marital status, parental status, or political affiliation.

To seek EEO counseling, you MUST contact an EEO counselor within 45 calendar days of the alleged discriminatory activity or the date you became aware of such discrimination. If you fail to contact an EEO counselor within the specified time frame, your complaint may be rejected as untimely.
The role of the EEO counselor is to resolve disputes at the lowest possible level. The counselor is a neutral participant in this process and is not an advocate for either side. The counselor will inquire into the facts and circumstances and attempt to find a resolution that is satisfactory to both parties.

The counseling process should not exceed 30 days; however, the Complainant may agree to extend counseling for up to an additional 60 days. If resolution is not achieved during that time, the counselor will provide you with a Notice of Right to File a Discrimination Complaint. The formal complaint MUST be filed electronically with the FLETC EEO Officer within 15 calendar days of receipt of that notice.

Once a formal complaint has been filed, an investigation will be conducted for all accepted claims. Upon completion of the investigation, you will be entitled to either a hearing before an Equal Employment Opportunity Commission Administrative Judge or a final agency decision by DHS.

For more information on how to file an EEO complaint at FLETC, contact:
FLETC EEO Officer
FLETC-EEO@fletc.dhs.gov
(912) 267-3316

For more information on reporting other workplace issues contact:
Office of Security & Professional Responsibility        
(912) 554-4348

Special Emphasis Programs (SEP) are an integral part of the Equal Employment Opportunity plan. The purpose of these programs is to ensure that agencies take affirmative steps to provide equal opportunity to minorities, women, and people with disabilities in all areas of employment. The term “Special Emphasis Programs” refers specifically to employment related programs which focus special attention on groups that are conspicuously absent or underrepresented in a specific occupational category or grade level in the agency’s work force. These programs serve as a channel to management officials. The goals of the Special Emphasis Programs are to:

• Improve employment and advancement opportunities for minorities, women and people with disabilities in the Federal service;
• Identify systemic causes of discrimination against minorities, women and people with disabilities;
• Seek ways to help minorities, women and people with disabilities to advance by using their skills more fully;
• Monitor agency progress in eliminating discrimination and adverse impact on minorities, women and people with disabilities in employment and agency programs; and
• Educate Federal employees and managers about the extent of various forms of discrimination within the Federal Service.
• Although the African American, Federal Woman’s Program, Hispanic Employment Program and Disability Employment Programs are the primary federally mandated programs, all the following Special Emphasis Programs are typically observed or recognized at FLETC:

February: 
African American Employment Program observed as Black History Month 
Legal Authority: Executive Order 11478
Black Employment Program Manager: (912) 267-2113

March:
Federal Women’s Program observed as National Women’s History Month
Legal Authority: Public Law 103-22, 107 Stat. 58 and Executive Order 11375
Federal Women’s Program Manager: (912) 261-3705

May:
Asian American and Pacific Islander Heritage Month
Legal Authority: Executive Order 13339
Asian American/Pacific Islander Program Manager: (912) 267-2106

June:
Lesbian, Gay, Bisexual, and Transgender Pride Month 
Legal Authority: Proclamation 8387
Lesbian, Gay, Bisexual, and Transgender Employment Program Manager: (912) 267-2113

September 15 – October 15: 
Hispanic Employment Program observed as National Hispanic Heritage Month
Legal Authority: Executive Order 13230
Hispanic Employment Program Manager: (912) 267-3316

October: 
National Disability Employment Awareness Month 
Legal Authority: Executive Order 13187
Disability Employment Program Manager: (912) 267-3316

November: 
National American Indian Alaska Native Heritage Month
Legal Authority: Presidential Proclamation and Executive Order 13270
American Indian/Alaska Native Program Manager: (575) 746-5770

As a model employer, FLETC provides equal employment opportunities to all employees, applicants, and students, including qualified individuals with disabilities. A disability is a physical or mental impairment that substantially limits activities of daily living, including caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, and learning. 

FLETC is committed to providing reasonable accommodation to qualified employees and applicants with disabilities in accordance with the Rehabilitation Act of 1973 during the application and hiring process, and to workforce members who may need an accommodation to perform their jobs or enjoy the benefits and privileges of employment. 

FLETC is also committed to providing Personal Assistance Services (PAS) in accordance with the Equal Employment Opportunity Commission’s (EEOC) Final Rule on Affirmative Action for Individuals with Disabilities in Federal Employment to its employees with a targeted disability. PAS may include services such as assistance with performing activities of daily living that an individual would typically perform if they did not have a disability, e.g., assistance with removing and putting on clothing, eating, and using the restroom. 

Absent undue hardship, FLETC must implement reasonable accommodations and personal assistance services solutions for its students when approved by the student’s employing agency. FLETC’s Equal Employment Opportunity (EEO) Office highly encourages that all student requests for reasonable accommodation be submitted 30 days prior to arriving at FLETC. 

Any employee, applicant, or student who believes that they require a reasonable accommodation or any employee who believes that they require PAS may request an accommodation or PAS pursuant to FLETC Reasonable Accommodation and Personal Assistance Services procedures.

•  Reasonable Accommodation and Personal Assistance Services Program - 508
• Attachment A - FLETC Form 256-05-01 Conf of Employee RA Request-508
• Attachment B - FLETC Form 256-05-02 FLETC Reasonable Accommodation Job Analysis Questionnaire
• Attachment C - FLETC Form 256-05-03 FLETC Reassignment Form for RA-508
• Attachment D - FLETC Form 256-05-04 RA Medical Release-508
• Attachment E - FLETC Form 256-05-05 Confirmation of Student Accommodation Implemented Form
• Attachment F - FLETC Form 256-05-06 RA Withdrawal Form

• Attachment G - FTC-SSD-51 FLETC Transporation Lodging Meals Accommodation or Waiver

• Attachment H - HHS FOHS Authorization for Disclosure of Information

• Attachment I - FLETC Form 256-05-07 Reasonable Accommodation Resources
• Attachment J - FLETC Form 256-05-08 PAS FAQs_
• Attachment K - FLETC Form 256-05-09 CAP Info and FAQ
• Attachment L - FLETC Form 256-05-10 Contact List v22.03

No FEAR Act Reporting
Section 202(a) of the Notification and Federal Employee Antidiscrimination and Retaliation (No FEAR) Act, Pub. L. 107-74, Title I, General Provisions, Section 101(1), requires each federal agency to provide written notification of the rights and protections available to federal employees, former federal employees, and applicants for federal employment under federal antidiscrimination and whistleblower laws listed in the No FEAR Act. 

5 CFR 724.202 requires federal agencies to publish this notification in the Federal Register. This Federal Register publication specifically provides notice to the general public that individuals seeking to pursue an Equal Employment Opportunity (EEO) complaint must contact a Department of Homeland Security EEO counselor within 45 calendar days of the alleged discriminatory action, or, in the case of a personnel action, within 45 calendar days of the effective date of the action.

Pursuant to Title III of the No FEAR Act and 29 CFR § 1614, federal agencies are required to post quarterly on their public Web sites certain summary statistical data relating to equal employment opportunity complaints filed against the respective agencies. In compliance with this provision of the No FEAR Act, the Department of Homeland Security posts cumulative statistical data for equal employment opportunity complaints for the entire department. A link to data posted by FLETC is provided below. This data is updated on a quarterly basis.

No FEAR Act Statistical Data

Affirmative Action Plan for the Recruitment, Hiring, Advancement, and Retention of Persons with Disabilities Reporting
To capture agencies’ affirmative action plan for persons with disabilities (PWD) and persons with targeted disabilities (PWTD), EEOC regulations (29 C.F.R. § 1614.203(e)) and MD-715 require agencies to describe how their affirmative action plan will improve the recruitment, hiring, advancement, and retention of applicants and employees with disabilities.

Affirmative Action Plan

Alternative Dispute Resolution (ADR) is offered at the Federal Law Enforcement Training Centers (FLETC) in the form of Mediation an alternative to traditional EEO counseling or formal complaint processing. Mediation is an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of discrimination allegations. Mediation gives the parties the opportunity to discuss the allegations, clarify misunderstandings, identify interests or concerns, and to find areas of mutual agreement. A mediator does not impose a decision on the parties. The mediation process is strictly confidential.

A mediation session conducted by a trained mediator is scheduled if both parties agree to mediate a complaint. While it is not necessary to have an attorney participate in mediation, either party may choose to do so. If the mediation is unsuccessful at the pre-complaint stage, the EEO Counselor will issue the aggrieved/applicant a Notice of Right to File a Formal Complaint. If the mediation is unsuccessful at other stages of the formal EEO process, the aggrieved/applicant may continue with the EEO process. If mediation is successful, at any stage, a settlement document stating the terms of the binding agreement will be instituted and will end the processing of the EEO Complaint.

Advantages of Mediation

For additional information about the mediation process at the FLETC, you may contact the FLETC EEO Complaints Manager at (912) 267-3316.
 

• Equal Employment Opportunity Commission
• DHS Office for Civil Rights and Civil Liberties
• DHS Office of the Inspector General
• DHS Interim Management Directive 3090: Equal Employment Opportunity and Sexual Harassment
• Programs for Employees with Disabilities
• Department of Labor Office of Disability Employment Policy