Anti-Harassment Program

The Department of Interior, the Bureaus of Indian Affairs, Bureau of Indian Education, and Bureau of Trust Funds Administration have a strong anti-harassment program and follow the Department’s policies to prevent any form of offensive or harassing behavior. This includes any unwelcome conduct, verbal or physical behavior, like intimidation, ridicule, insult, comments, or actions based on an individual’s protected status or activities.

Prohibited Harassing Conduct

Even if inappropriate behavior doesn’t meet the legal definition of harassment, it can still undermine morale and the Department's mission. Therefore, this policy bans a broader range of misconduct under Title VII of the Civil Rights Act, to ensure appropriate officials are aware of and can promptly correct any harassing behavior.

Harassment becomes illegal when enduring offensive conduct becomes a condition of continued employment, or the conduct is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Any behavior that fits this description violates this policy.

Employees may face disciplinary action, up to and including removal, for engaging in harassing behavior at work or in any work-related situation, including official travel. Off-duty misconduct may also lead to discipline if it is likely to harm the Department, such as harassing a co-worker, visitor, contractor, or volunteer during off-duty hours. Harassment can happen in person, through phone calls, in writing, or through social media or other technology.

Simply, harassment is prohibited if:

• It can reasonably be seen to negatively impact the work environment.
• Employment decisions about an employee are based on their acceptance or rejection of such behavior.

Protected status: An individual’s race, color, religion, sex (including pregnancy and gender identity), sexual orientation, national origin, age, disability, family medical history (including genetic information), status as a parent, marital status, or political affiliation.

Prohibited Retaliatory Conduct

A manager cannot fire, demote, harass, or take any negative action against someone for reporting alleged misconduct. Retaliating against employees who take part in protected activities is not allowed. This includes:

• Reporting harassment, discrimination, or retaliation
• Filing a harassment claim
• Providing evidence in an investigation
• Intervening to protect others from harassment, discrimination, or retaliation

Supervisors and managers must protect employees who report alleged misconduct and cannot retaliate against them for reporting or filing a complaint. Any supervisor or manager who retaliates may face discipline.

Examples of prohibited retaliation:

• Transferring the complainant or witness against their will
• Ignoring or not communicating with the complaining employee or witness
• Verbal or physical abuse
• Not selecting the employee for a job opportunity

Employees are not immune from all personnel actions just because they engage in protected activity. Supervisors and managers can still take action, including discipline and removal, if they are not motivated by retaliation or discrimination. For example, they can transfer an employee for legitimate business reasons or closely monitor an employee's performance during an opportunity period.

Employee Reporting Expectations

The Department cannot correct harassing conduct if a supervisor, manager, or other Department official is unaware of it. Any employee who has been subjected to harassing conduct is encouraged to inform the person(s) responsible for the conduct that their behavior is unwelcome and offensive and ask them to stop. If the conduct continues, is severe, or if the employee is uncomfortable speaking directly to the responsible person(s) about the conduct, they are encouraged to report it to:

• The supervisor of the employee engaging in misconduct
• Another supervisor or other management official
• The Human Resources office
• The Office of the Inspector General (OIG).

Employees who know about or witness harassment of others are expected to report it to any of the officials or offices listed above. Reports made under this policy do not replace, substitute, or otherwise satisfy the separate obligations of an Equal Employment Opportunity (EEO) complaint, negotiated or administrative grievance, or other complaint process. Unlike this policy, these other complaint procedures typically offer remedial relief to the victims.

Duty to Act

Supervisors or managers who see or are informed about harassment must:

• Report the conduct or allegations to the appropriate officials, even if the harassed employee requests confidentiality (see Section 8.A. for more details)
• Ensure that a prompt, objective, and thorough investigation is conducted
• Take steps to address the harassment to prevent further misconduct, including taking disciplinary action, if appropriate

Even if the potential victim files or plans to file an EEO complaint or grievance, the supervisor or manager must take action under this policy. This means multiple investigations may be happening simultaneously.

Supervisors or other management officials who fail to fulfill their duties under this policy, including failing to report known violations, may face appropriate corrective action, which may include disciplinary measures up to and including removal.

Distinction from EEO and Other Remedial Procedures

This policy and its reporting procedures are separate from the EEO process, which focuses on redressing employees who have experienced discrimination (including harassment) by offering remedies such as compensatory damages. This policy does not replace an employee’s EEO complaint or other rights.

Corrective actions taken under this policy do not offer the same remedies available through the EEO process, administrative or negotiated grievance procedures, or any other processes.

Reporting misconduct allegations under this policy does not satisfy the requirements for filing an EEO complaint, administrative or negotiated grievance, or other procedure, nor does it delay the time limits for initiating those procedures.

Filing an Anti-Harassment Complaint

You may file your complaint with:

• Your manager/supervisor
• Your Servicing Human Resources Office (SHRO)
• Your Bureau Point of Contact