U. S. DEPARTMENT OF LABOR
MANUAL SERIES
DLMS 4 -
PERSONNEL MANAGEMENT
DEPARTMENTAL _____ OASAM __X__ MANUAL
TRANSMITTAL
DATE: October 27, 2003
Chapter Reference: DLMS 4 - Chapter 700
"Policy and Procedures for Preventing and Eliminating Harassing
Conduct in the Workplace"
Nature of Revisions: The directive is a new Departmental policy. It was previously approved and signed by the Secretary on April 10, 2003. This policy has been reformatted and renamed DLMS 4 - Chapter 700 to comply with all other Departmental Directives.
Action Required:
Please post this new chapter on LaborNet in the appropriate sequence with all other Personnel Management chapters.
Approval for Issuance and Distribution:
PATRICK PIZZELLA
Assistant Secretary for Administration and Management
DL
1-517
(Rev. 11/96)
Previous Editions Obsolete
The Department of Labor does not permit harassing conduct by anyone in the workplace. It is the policy of the Department to maintain a work environment free from the harassing conduct described above.
The Department has determined that the most effective way to limit harassing conduct is to treat it as misconduct, even if it does not rise to the level of harassment actionable under Title VII of the Civil Rights Act of 1964, as amended. A hostile environment claim under Title VII usually requires showing a pattern of offensive conduct. The Department will not wait for such a pattern to emerge. Rather, the Department will act before the harassing conduct is so pervasive and offensive as to constitute a hostile environment. In the usual case, a single utterance of an ethnic, sexual, or racial epithet that offends an employee would not be severe enough to constitute unlawful harassment in violation of Title VII; however, it is the Department's view that such conduct is inappropriate and must be stopped. The Department will not tolerate retaliation against any employee for making a good-faith report of harassing conduct under this or any other policy or procedure, or for assisting in any inquiry about such a report. Complaints of such retaliation shall be handled pursuant to the procedures in this Policy. The Department will not tolerate retaliation against any employee for making a good- faith report of harassing conduct under this or any other policy or procedure, or for assisting in any inquiry about such a report. Complaints of such retaliation shall be handled pursuant to the procedures in this Policy.
This Policy supercedes any and all other previous policies on harassment at the Department of Labor. This Policy is separate and apart from any collective bargaining agreement or statutory complaint process covering harassment.
The Office of the Solicitor shall be responsible for providing legal advice to management concerning the implementation and interpretation of this Policy. If an Office of the Inspector General (OIG) employee is involved in the allegation, legal counsel to the OIG will, after consultation with SOL, provide legal advice to OIG management.