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Preventing Harassment

This brochure provides guidance on the harassment prevention portion of the FDA EEO & Diversity Policy.
It is real. Some people do fear harassment at work! Take action to prevent this from happening to you and your co-workers.

FDA’s EEO and Diversity Policy promotes a productive work environment that is free of discrimination and harassment. To that end, FDA will not tolerate verbal or physical conduct that harasses, disrupts, or interferes with work performance, or that creates an environment that is intimidating, offensive, and/or hostile.

There is potential for harassment in every workplace. Workplace harassment is very costly: resulting in lowered morale, absenteeism, and lowered productivity, while increasing employee turnover and litigation.

Harassment is severe or pervasive verbal or physical conduct that denigrates or shows hostility or aversion toward an individual.

• Pervasive behavior is repeated, widespread, and/or common.
• Behavior may be considered severe when it would be objectionable to a “reasonable person” within the same circumstances.

Harassment is offensive and EEO law and DHHS policy prohibit harassing behavior related to discrimination on bases such as:

• Race
• Sex (and sexual orientation)
• Gender
• National Origin
• Disabling Conditions
• Religion
• Age
• Retaliation (for participation in EEO processing)

Identifying Sexual Harassment

Harassment based on sex is a violation of the Civil Rights Act. The EEOC has established guidelines, which define it as:

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

• Submission is made, either explicitly or implicitly, a term or condition of an individual's employment, [or]
• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual, [or]
• The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Any employee or applicant for employment who feels that he or she has been unlawfully harassed should take action to see that the harassment stops by:

1. Telling the other person to stop the offensive behavior.
2. Informing a supervisor, or someone in the chain of command, that the behavior is offensive.
3. Contacting the OEEODM for guidance.

Whatever you do -- Do not ignore harassing behavior. Whether you observe it, someone reports it to you, or you are a victim: Seek help by telling someone! Managers must take action.

REMEMBER

• Respect any indication that conduct or attention is not welcome.
• Participation in or acquiescence to objectionable behavior does not mean the behavior is welcome.
• Avoid any behavior that may be interpreted as possible harassment. Some examples are:
  • Verbal: unwelcome comments, yelling, telephone calls, offensive jokes or stories;
  • Visual: offensive pictures, cartoons, posters, calendars, magazines, or objects;
  • Physical: unwelcome touching, hugging, kissing, stroking, ogling, or suggestive gestures;
  • Written: unwelcome letters, notes, or e-mails of a personal nature.
• Ensure that there is no retaliation for those reporting harassment.
• Whenever possible participate in Agency training in the prevention of workplace harassment.
• False accusations of harassment, especially sexual harassment, can have serious effects on innocent individuals.
• Violations of FDA’s harassment policy may include disciplinary action up to and including termination.

Checklist for Supervisors

If an allegation of harassment occurs among your staff, you should:

• Conduct an inquiry of the harassment allegation that asks what occurred, when it occurred, where it occurred, and who may have witnessed the incident.
• Discuss the allegation(s) with the alleged victim(s).
• Inform the alleged harasser(s) of the situation concerning the allegation(s).
• Give the alleged harasser(s) a copy of the Agency anti-harassment policy.
• Warn the alleged harasser(s) that harassment will not be tolerated.
• If the inquiry supports the victim’s allegation(s), the supervisor must contact:
  • The Office of Equal Employment Opportunity and Diversity Management (OEEODM) for guidance, and
  • Employee Relations to determine if disciplinary action is warranted.

Preventing Harassment in the Workplace

OEEODM is here to help you. Call us with any questions about harassment. You are not required to file an EEO complaint based on sexual or other workplace harassment in order to get the harassment to stop. If you do wish to file a complaint, you need to call 301-827-4840 within 45 days of the harassing incident and ask to speak with an EEO Counselor.

The FDA Commissioner and the Office of Equal Employment Opportunity and Diversity Management (OEEODM) have established policy and developed training presentations to help managers and employees know what workplace harassment is and what actions should be taken to prevent it.

This pamphlet was developed by the
U.S. Food and Drug Administration
Office of Equal Employment Opportunity and Diversity Management

Conflict Prevention and Resolution Division 301-827-4840

OEEODM Home Page

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