Zero Tolerance of Discrimination and Process for Raising Issues of Harassment Date: Fri, 11 Sep 1998 17:04:21 -0400 To: "USGS Employees" From: "Director's Office" Subject: Zero Tolerance of Discrimination SUPERVISORS: PLEASE ENSURE THAT EMPLOYEES WITHOUT ACCESS TO E-MAIL RECEIVE A COPY OF THIS MESSAGE. In Reply Refer To: Mail Stop 602 #10935 MEMORANDUM September 10, 1998 To: All Employees From: Thomas J. Casadevall, Acting Director Subject: Zero Tolerance of Discrimination and Process for Raising Issues of Harassment On February 10, 1998, the Secretary issued his zero tolerance of discrimination policy with an emphasis on prohibiting harassment based on race, color, national origin, sex, religion, disability, age, or sexual orientation. With this memorandum, I am reaffirming the Secretary's policy of zero tolerance of discrimination. Discrimination, in any form, by any manager, supervisor, or employee in the U.S. Geological Survey (USGS) will not be tolerated. To ensure that the rights of employees are protected, and that allegations of harassment are addressed immediately, an expedited process for employees to raise issues of harassment has been established by the USGS. I urge each of you managers, supervisors, and employees alike to become familiar with this process. Managers and supervisors must take reports of harassment seriously, and take immediate appropriate action. I expect complaints to be resolved quickly and at the lowest level possible. The "USGS Process for Raising Issues of Harassment" (attached) must be followed in any and all instances where an employee alleges harassment. We must all work together to ensure that our work environment is one where all employees are treated fairly and respectfully. Attachment USGS Process for Raising Issues of Harassment UNITED STATES GEOLOGICAL SURVEY PROCESS FOR RAISING ISSUES OF HARASSMENT If, as an employee or an applicant for employment with the U.S. Geological Survey (USGS), you believe that you have been subjected to harassment based on violations of the civil rights laws (i.e., harassment based on race, color, national origin, gender, religion, disability, age, or sexual orientation), you should bring these allegations of harassment to the attention of the Bureau Equal Opportunity (EO) Officer and/or a full-time EO Counselor for priority consideration within 45 days from the date of the incident. This contact will be considered the initial counseling contact for the purpose of meeting the requirements of the EEO complaints process procedures. Harassment is verbal or physical conduct by a manager, co-worker, or other Federal employee that denigrates or shows hostility or aversion toward an individual based on one or more of the discriminatory bases as described above, and that: a. has the purpose or effect of creating an intimidating, hostile, or offensive work environment; b. has the purpose or effect of unreasonably interfering with an individual's work performance; or c. otherwise adversely affects an individual's employment opportunities. Harassing conduct includes, but is not limited to, the following: a. epithets, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to race, color, religion, gender, national origin, age, disability, or sexual orientation; and b. written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, color, religion, gender, national origin, age, disability, or sexual orientation, and that is placed on walls, bulletin boards, or elsewhere on the employer's premises, or circulated in the workplace. Upon presentation of an allegation of harassment, the EO Officer, or counselor, will make a determination as to whether the matter warrants priority consideration and so advise the complainant. If accepted for priority consideration, the EO Professional will immediately initiate the following procedures: 1. The EO Professional will meet with the employee to discuss the alleged incident. 2. Immediately after meeting with the employee, the EO Professional will bring the matter to the attention of the highest appropriate management official at the site where the incident arose. 3. The management official shall order an immediate, expedited inquiry into the facts of the incident. The EEO Professional will either assist the management official by providing oversight, including technical advice and guidance, on the inquiry; or, when warranted as determined by the Chief, Office of Equal Opportunity, take the lead for the inquiry. The manager and EO Professional are encouraged to consult with other officers/officials (Office of the Solicitor, Office of Safety, Office of Personnel) as appropriate and necessary. 4. Upon receipt of the inquiry report, if warranted, the management official shall take immediate corrective action, including appropriate disciplinary action. The corrective action shall, at a minimum, include: a. taking appropriate actions to correct, eliminate, and cure the harassing environment; b. posting, in a conspicuous place, a notice signed by the highest appropriate management official, stating that harassment will not be tolerated in the work place; c. taking appropriate disciplinary action against the employee(s) responsible for the harassment; and d. mandating that the harassing employee(s) take sensitivity training within 60 days of the conclusion/decision regarding the harassment. 5. The manager will have 30 days from the time notified by the EO Professional of the allegation of harassment, to complete the inquiry and, if warranted, initiate the appropriate corrective action(s). a. Managers who do not take immediate corrective action on findings of harassment may be denied awards, bonuses, promotions, and/or may be subject to disciplinary action. b. Determinations that corrective action is not warranted must be fully documented. 6. All findings of harassment that are determined under this process, must be reported to the Bureau Director, along with the corrective action(s) taken. 7. The EO Officer shall maintain a copy of the inquiry report and of the corrective action taken, for future reference in the event another act of harassment occurs. 8. Should an employee be dissatisfied with the management actions taken to correct the harassing environment, he/she will be given a notice of final interview and the right to file a complaint of discrimination as provided in the EEOC regulations. Thereafter, the formal complaint will be processed in accordance with EEO regulations at 29 CFR 1614.106, et seq. The report of inquiry and management actions will represent the Report of Counseling pursuant to 29 CFR 1614.105(c). 9. Should a determination be made that the matter complained of does not warrant priority consideration, the complaint will be counseled following routine procedures in accordance with EEO regulations at 29 CFR 1614.105, et seq. Questions concerning this process should be directed to the Office of Equal Opportunity.