Tips from the Trenches

5 Steps an Agency Must Take When Harassment Occurs to Establish an Affirmative Defense

Sep 17, 2019 1:00:39 PM / by Deryn A. Sumner, Esq. posted in federal hr & eeo law training, affirmative defense, harassment, 5 steps

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The EEOC has signaled its focus on eradicating workplace harassment through the creation of the Select Task Force on the Study of Harassment in the Workplace, which reconvened in June 2018, and the issuance of recent decisions finding agencies subjected complainants to harassment. One such recent case, Sallie M. v. USPS, 118 LRP 47676 (10/16/18), was the subject of spirited discussion at the FDR Training last month. It is a great illustration of what agencies need to do in order to establish an affirmative defense to claims of harassment, or in this case, what not to do.

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