Date:                       March 9, 2005

Subject:                   FY 2005 Sexual Harassment Policy

To:                           All Employees

From:                       Edward B. Knipling   /s/

                                Administrator

It is imperative that all employees in the Agricultural Research Service (ARS) are permitted to work in an environment free from unwanted sexual harassment and retaliation for reporting such harassment.  Sexual harassment is an offensive working condition that will not be tolerated by this Agency.

This policy applies to and protects every ARS employee, customer, applicant, and all ARS work sites.  The intent of this policy is to ensure understanding of expectations and responsible behavior in the work place.  Conduct that may not be offensive in a social environment can be offensive at work.  Sexual behavior that is repeated, unwanted, and interferes with a person's job is not only inappropriate, but also illegal, because it is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

What is Sexual Harassment?

The Equal Employment Opportunity Commission has established guidelines defining sexual harassment as follows:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:    

(1)  Submission to such conduct is made either explicitly or implicitly as a term or condition of employment,

(2)  Submission to or rejection of such conduct by an individual is used as the basis of employment decisions affecting such individual, or

(3)  Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Examples of Sexual Harassment

Sexual harassment covers a wide range of behaviors, from physical acts such as touching to subtle ones such as making suggestive remarks.  The following are some examples of actions which could be sexual harassment if the behavior is unwelcome:

·          sexual innuendoes and remarks about a person's clothing, body, or sexual activities;

·          physical contact of a sexual nature such as patting, pinching, grabbing, or other inappropriate touching or feeling;

·          demands for sexual favors in exchange for favorable treatment or continued employment;

·          unwanted sexually oriented jokes, remarks, or humor;

·          actual kissing, fondling, or whistling;

·          giving inappropriate looks to another person;

·          brushing against another person's body;

·          sexual proposition, invitations, or other pressure for sex, and

·          sexually graphic pictures.

Steps to Address Sexual Harassment

Harassing behavior, if ignored or not reported, is likely to continue and become worse rather than go away.  Any person who believes that he or she is a victim of sexual harassment should make it clear to the person harassing them that their behavior is inappropriate and unwelcome and that it must stop or you will complain.  If the harassment does not stop the offensive behavior, report the person to your supervisor.  If the harasser is your supervisor, report the person to your second line supervisor.

How To File A Complaint

If sexual harassment persists after reporting it to your supervisor, or if it is not dealt with to your satisfaction, employees may seek relief by contacting one of the ARS Civil Rights Staff EEO Counselors at (202) 720-3410 or 1-800-340-4289.  Complaints will be addressed immediately.

Manager and Supervisor Roles Regarding Sexual Harassment

To ensure a work environment free of sexual harassment, every manager and supervisor in the Agency should:

·          Communicate to employees that sexual harassment will not be tolerated.

·          Set the tone for office conduct and appropriate work place behavior.

·          Ensure that employees have a copy of this policy and know the proper reporting procedures and penalties associated with sexual harassment.

·          Take all allegations of sexual harassment seriously.

·          Take immediate corrective action when informed of an incident of sexual harassment.

·          Follow up with those who report sexual harassment to ensure that the sexual harassment has been eliminated and that they have not experienced retaliation.

·          Place the sexual harassment policy on a bulletin board or other prominent place in the work place as a continued reminder to employees of the Agency's policy on sexual harassment.

Managers and supervisors who fail to take such action may be held personally liable for incidents of sexual harassment.  Additionally, they are subject to disciplinary action if they tolerate sexual harassment, fail to take appropriate corrective action on reports of sexual harassment, or retaliate against an employee for reporting or filing a complaint of sexual harassment.

I take the issue of sexual harassment extremely seriously.  The best tool to eliminate sexual harassment in the work place is to prevent the problem from occurring in the first place.  Therefore, each manager and supervisor is responsible for establishing and maintaining a safe work environment for their employees and to take the steps necessary to prevent sexual harassment from occurring.

Any ARS employee who is found guilty of engaging in sexual harassment is subject to immediate disciplinary action including demotion, suspension, and/or removal.

If you have any questions or if you need further information or training on the prevention of sexual harassment, you may contact your Area or Headquarters Civil Rights Manager, or the Civil Rights Director at (202) 720-6161 or 1-800-340-4289.

It is important to note that it is not how a person intended his or her actions to be taken, but rather how the actions are reasonably perceived.  The total cooperation of every ARS employee is expected in strictly adhering to this policy.