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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.

There is a significant distinction between a tangible employment action and a hostile work environment.

Age discrimination also occurs among age groups who 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.

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.

Discrimination based on reprisal is prohibited by Title VII of the Civil Rights Act of 1964. In these decisions, the Supreme Court made clear that employers are subject to vicarious liability for unlawful harassment by supervisors.

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