Should I disclose hostile work environment claim? (Secret Clearance)

Hi folks, I’ll try to keep this as brief as possible. It helps that I’m deeply embarrassed and really don’t want to discuss this much.

I’m filling out my SF86 as many applicants do, and the role requires a ‘Secret’ clearance. I’ve been an attorney for a few years with a spotless record. While at my job, I was promoted to supervisor without issues for 2+ years.

I was moved to supervise a new office and for some reason I felt the need to fit in with the newer kids (even though we’re roughly the same age). Due to the nature of our jobs and how stressful they are, a lot of locker room talk goes on. Nothing sexist or racist, but definitely vulgar (think F bombs, and people going ‘Kill me already’). I supervise people the same age and older than me, so we often go out together and interact socially.

During my time in the new office, I shamefully made sexual jokes that have no place in the office from a supervisor. Did everyone else make those same jokes? Yes. Am I a supervisor held to a higher standard? Also yes. While I never ‘came on’ to anyone, denigrated anyone, made a racist/sexist remark, or asked anyone out, I still made those comments.

Two months later, I reported one of the employees for professional misconduct after multiple interventions to try and help them improve their work. That employee reported me for a hostile work environment, and the other employees told HR I made those comments.

I was initially placed on a 3-week leave before being called into a meeting. During this time, I wasn’t sure what the basis of the investigation was, but I’d been frustrated with the office for years and put out some applications. I was offered a job and walked into the meeting wanting to clear my name but set on resigning.

HR walked me through their employee interviews and their findings and we talked for roughly 3 hours. As this went on (and this is the only part I find funny to this day), I realized my parking was expiring, which is quite expensive in our city. After a break, I informed HR I was tendering my resignation to accept another job.

The interaction was respectful from both sides and it was amicable as I submitted my letter of resignation. HR told me none of this would be in my personal file or ever be visible to a federal agency and that the office would only have some notes that would be visible to itself in the future (obviously in case I ever tried to reapply and come back).

My supervisor was devastated to see me go and was much kinder to me than I was myself. He was a reference for my new job before this one I’m applying for.

At the end of the day, it’s been two months since I left. I’m still deeply ashamed of those comments, but I was never fired or disciplined, never suspended or resigned in lieu of termination. Is this something I need to put on my SF86?

I always err on the side of disclosure, and while the incident isn’t one I’m proud of, I do feel comfortable discussing it. Still, I’d rather not risk a denial because most places have a zero tolerance policy for hostile work environments.

Appreciate any and all thoughts, thank you!

Leave it out. You were never in trouble. Take it from me from experience. Don’t ever give the gov’t more ifo than they need. They always use it against you.

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Well…you can leave it out, but if your job requires a full background investigation, your former coworkers and supervisors will be interviewed. If any inkling of employment issues are discussed, it will become an honesty issue. It appears you are going for a secret clearance. Just answer honestly section 13b. if none of that pertains, you will be good. Just keep in mind, if your supervisor has a different opinion, you may be contacted by an investigator to discuss the employment.

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Thank you for that response. I think that’s been my issue: I don’t want my issue to become an issue of candor. I think I could leave it off in good faith, but I wonder if it violates ‘the spirit’ of the form

Just answer the question, literally.

Fired, quit after being told you would be fired, left by mutual agreement following charges or allegations of misconduct, left by mutual agreement following notice of unsatisfactory performance.

If you feel like none apply, then answer no.

If it would make you feel better, you could also add additional comments in the SF86 about the situation.

In either case, if and when questioned about it, be candid and transparent about the situation.

I would be concerned about how your former employer characterized the 3-week leave.

Follow the instructions carefully. Only disclose if it is in scope. You can always bring it up during an interview or poly.

I requested my personnel file afterwards and (true to their word) there’s no record of anything in there, and the three week leave was classified as a paid leave (non-disciplinary in nature) during our discussions before I left. Now what they might say over a phone call may differ, but since they’re a state government entity, they’re typically reticent to go into why employees leave.

I’m not sure if that helps at all or simply places us back at square one

I would leave it out. This does not meet the requirements for that specific section in the SF-86.

I also left a hostile work environment - it was so bad I got a lawyer and the company provided me a really nice settlement. They actually took great care of me and I left under mutual separation - no misconduct (obviously). Now I went in for an FS Poly and I did walk them through this experience, I did nothing wrong but felt it was appropriate to disclosure the nature of my departure in order to eliminate any potential concerns. Given this is only a secret there should be zero issues.

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I tell my clients to answer all questions on the SF86 (and those asked by an investigator) truthfully but precisely. Since you voluntarily quit your job to accept another position and you did not receive “a written warning, been officially reprimanded, suspended, or disciplined for misconduct in the workplace,” I see no reason to disclose this information, unless you are asked about having engaged in or been accused of improper conduct at work.

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Thank you for taking the time to provide a thoughtful response, William. I’ll have to keep an eye out for the language they use if we do an interview