• Designed to make individuals whole for discrimination that already has occurred

• Prevent the recurrence of the unlawful discriminatory conduct

• Cannot require an agency to discipline its employees

• Agency must complete its investigation within 180 days

• Limited to nine EEO protected bases

• No third-party reporting

• Must meet regulatory time limits; reported in 45 days

• Intended to take immediate and appropriate corrective action to eradicate harassment, which may include the use of disciplinary actions for a FAST process

• Prevent harassing conduct before it can become “severe or pervasive”

• Inquiries must take place immediately and be completed within a reasonable period of time

• Includes matters beyond EEO protected bases

• Third-party complaints allowed

• Not restricted by time limitations

Harassment that Detracts from an Efficient Workplace - Behavior that is unwelcome or offensive to a reasonable person AND that interferes with work performance or creates an intimidating, hostile, or offensive work environment is prohibited

• In some circumstances, a single incident of harassing behavior is prohibited harassment whereas, in other circumstances, repeated or recurring harassing behavior may be required to constitute prohibited harassment (DoDI 1020.04, 3.1)

• Harassment can be oral, visual, written, physical, or electronic including social media, other forms of communication, and in person (DoDI 1020.04, 3.3)

Unlawful Harassment - Creating an intimidating, hostile working environment for another person on the basis of the (EEOC) protected classes (DAFI 36.2710, 2.4)

• A hostile work environment is a series of acts which are so severe or pervasive as to alter the terms and conditions of employment

Unlawful Discrimination - Failing or refusing to hire or promote, removing, or otherwise discriminating against any individual with respect to compensation, terms, conditions, or privileges of employment because of a person’s race, sex (including pregnancy, gender identity, and sexual orientation), color, religion, national origin, age (40 or older), genetic information, disability, or prior equal opportunity activity.

Sexual Harassment - Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature particularly when submission to such conduct is made directly or indirectly as a term or condition of employment, and/or when submission to or rejection of such conduct is used as a basis for an employment decision affecting the person.

• Unwanted Physical Contact

• Offensive Jokes

• Epithets/ Name-calling

• Ridicule/ Mockery

• Insults/ Put-downs

• Displaying offensive objects or imagery

• Offensive gestures

• Stereotyping

• Intimidating Acts

• Veiled Threats of Violence

• Threatening or provoking   gestures

• Racial or other slurs

• Derogatory remarks about a person’s accent or disability

• Displays of racially offensive symbols

• Hazing

• Bullying

• Microaggressions

• Activities or actions undertaken for a proper military or governmental purpose, such as combat survival training, assignment of work related to the duties and responsibilities of the employee, and performance counseling, are not harassing behaviors. (DoDI1020.04 para 3.4)
• Similarly, an occasional misunderstanding between employees due to differences in how they communicate is not necessarily harassment, even if it makes one or both employees uncomfortable. (DAFI 36-147)