DLMS 6 - Employee Relations

DLMS 6-300: Harassing Conduct in the Workplace

300 Policy & Procedures for Preventing & Eliminating Harassing Conduct in the Workplace

301 Purpose

This Policy is intended to assure that the Department of Labor is taking all necessary steps to prevent harassing conduct in the workplace, and to correct harassing conduct that occurs before it becomes severe or pervasive. It reflects the Department of Labor’s long-standing policy on harassing conduct in light of the Supreme Court’s decisions in Faragher v. Boca Raton, 524 U.S. 775 (1998), and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998).

The Department of Labor has no tolerance for harassing conduct; accordingly, these complaints will be handled immediately and appropriately, with a commitment to protecting the rights of all involved, including the right to be free of retaliation for reporting or otherwise assisting in an investigation into harassing conduct. Privacy will be upheld to the greatest extent possible, consistent with the law. Please see Section 308 for detailed privacy and confidentiality provisions.

302 The Definition of Harassing Conduct

For the purposes of this Policy, harassing conduct is defined as any unwelcome verbal, written, or physical conduct based on race; color; religion; sex; national origin; age; disability; genetic information; or pregnancy, childbirth, or related medical conditions.

Harassing conduct is further defined to include harassment intended to retaliate against employees for opposing and/or reporting discrimination, including harassment; participating in an investigation alleging unlawful discrimination, including harassment; filing an Equal Employment Opportunity (EEO) complaint; filing a complaint under this Policy and procedures; assisting others to oppose discrimination or harassment or file complaints; or for requesting a reasonable accommodation for a disability, pregnancy, childbirth, or related medical conditions, or for religious beliefs or practices.

303 Policy Against Harassing Conduct

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 harassing conduct as defined in Section 302.

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, or other civil rights law, usually requires showing a pattern of offensive conduct based on protected characteristics or activity. The Department will not wait for such a pattern to emerge. Rather, the Department will act before the harassing conduct is so severe or pervasive as to constitute an unlawful hostile work environment.  

This policy and implementing procedures apply to all DOL employees, contractors, customers, and other stakeholders, except that in matters involving an employee or contractor of the Office of Inspector General (OIG), “Office of Human Resources” refers to the OIG’s Office of Human Resources, and “Office of the Solicitor (SOL)” refers to the OIG, Office of Legal Services (OIG-OLS).

This Policy is separate and apart from any collective bargaining agreement or statutory complaint process covering harassment, including the Equal Employment Opportunity (EEO) complaint process enforced by the Civil Rights Center (CRC) under the Equal Employment Opportunity Commission (EEOC) regulations at 29 C.F.R. 1614, et. seq.

A person who has filed a complaint under this Policy and procedures has not filed an EEO complaint with the CRC. A person wishing to file an EEO complaint must contact an EEO counselor of the CRC within 45 calendar days of the most recent incident of harassment and/or allegation of unlawful disparate treatment (e.g., suspension, termination, and other discrete personnel decisions). Contact information for EEO Counselors is posted in DOL buildings, on LaborNet, or by accessing the following link Regional & National Office EEO Counselors | U.S. Department of Labor. Filing a harassing conduct complaint under this Policy and procedures does not alter or extend the 45-day deadline for timely EEO counselor contact in filing an EEO complaint with the CRC. Failure to contact an EEO counselor or the CRC within 45 calendar days of the most recent incident of harassment or unlawful disparate treatment may result in the dismissal of an EEO complaint. Aggrieved individuals may file concurrent complaints under this Policy and the EEO complaint process under EEOC regulations at 29 C.F.R. 1614, et. seq.

This Policy supersedes all other previous policies on harassment at the Department of Labor.

304 Procedures and Responsibilities

  1. Responsibilities of All Department of Labor Employees and Contractors
    1. All Department of Labor employees and contractors are responsible for:
      1. Acting professionally and refraining from harassing conduct;
      2. Becoming familiar with the provisions of this Policy and complying with its requirements;
      3. Non-supervisory employees are strongly encouraged to promptly report any incident of harassing conduct that he or she experiences, learns of, or witnesses pursuant to the procedures detailed below -- the Department cannot correct harassing conduct if the conduct is not known;
      4. Cooperating fully with any investigation conducted pursuant to this Policy and procedures;
      5. When learning of a complaint filed under this Policy and procedures, maintaining all hardcopy or digital documents, records, and other files that are potentially relevant to the complaint.
  2. Responsibilities of Supervisors, Managers, and Senior Executives
    1. All supervisors, managers, and senior executives are responsible for:
      1. Acting immediately and appropriately to address harassing conduct in the workplace (including retaliatory harassment) pursuant to the requirements of this Policy and procedures;
      2. Reporting all allegations of harassing conduct of which they are aware within two (2) business days to the Office of Human Resources (OHR), Division of Employee and Labor-Management Relations (DELMR), Anti-Harassing Conduct Team (AHCT). This requirement applies regardless of whether the supervisor believes the allegations are valid or an individual raising the allegations requests confidentiality;
      3. In consultation with OHR DELMR’s Employee Relations Branch (ERB), the Office of the Solicitor (SOL), and other stakeholders as appropriate, providing interim relief to alleged victims of harassing conduct as warranted by the specific facts of each case.
      4. Using the procedures set forth below and, in consultation with ERB and the Office of the Solicitor (SOL), as necessary, taking immediate, appropriate corrective action, up to and including removal from the federal service, against employees and contractors who engage in harassing conduct or did not carry out their responsibilities under this Policy;
      5. Cooperating fully with any investigation conducted pursuant to this Policy; and
      6. When learning of harassing conduct allegations, maintaining hardcopy or digital documents, records, and other files that are potentially relevant to the complaint(s).
  3. Responsibilities of the Office of the Assistant Secretary for Administration and Management (OASAM)
    1. Civil Rights Center (CRC)
      The Director, Civil Rights Center, is responsible for:
      1. Disseminating the Harassing Conduct Policy Statement annually to all employees, and posting this Policy and procedures on the DOL website;
      2. Advising employees of the differences between this Policy and procedures and the EEO complaint process;
      3. Ensuring that employees are informed of this Policy and the procedures to follow in connection with reporting harassing conduct;
      4. Referring allegations of harassing conduct, as defined by this Policy, that are received through the EEO complaint process to the AHCT for assessment;
      5. Providing technical assistance and support to enhance compliance with this Policy and procedures as requested by Departmental stakeholders;
      6. Developing training and technical assistance on this Policy and procedures, including, but not limited to, training for employees, supervisors, and managers, employee orientation materials (e.g., handbooks, brochures), and consultation with agencies on their own education and awareness efforts regarding anti-harassment; and
      7. Ensuring that the contact information for the AHCT and the details of complaint filing mechanisms are prominently displayed in the Department and listed on LaborNet.
    2. The Office of Human Resources (OHR) 

      The Office of Human Resources is responsible for:
      1. Advising supervisors and managers, in consultation with SOL and/or other stakeholders as appropriate, regarding interim relief to alleged victims of harassing conduct as warranted;
      2. Reviewing Reports of Investigation and assisting designated agency officials with taking appropriate corrective action when warranted, up to and including removal from the Federal Service;
      3. Ensuring that DOL fulfills its labor-management obligations and complies with applicable collective bargaining agreements when administering and implementing this Policy and procedures; and
      4. Establishing an Anti-Harassing Conduct Team (AHCT) that is responsible for:
        1. Advising employees on this Policy and procedures;
        2. Receiving allegations of harassing conduct;
          1. Advising each person who makes a complaint under this Policy and procedures that their complaint does not constitute an EEO complaint filed with the CRC.
          2. Advising each person who makes a complaint under this Policy and procedures of their right to file an EEO complaint with the CRC, and of the requirement that they must contact an EEO counselor or the CRC within 45 calendar days of the most recent incident of harassment to do so.
          3. Ensuring that complaint forms or other communications utilized during intake of complaints under this Policy and procedures include a bold and conspicuous statement advising each person that a complaint under this Policy and procedures does not constitute an EEO complaint, that they have a right to file an EEO complaint, and that they must contact an EEO counselor within 45 calendar days of the most recent incident of harassment in order to pursue an EEO complaint.
        3. Conducting or facilitating fair and impartial investigations into allegations of harassing conduct.  
        4. In complex, difficult, and/or potential conflict of interest cases, drawing upon the expertise of ERB, the Labor Relations Branch (LRB), SOL, CRC, and the DOL Office of Inspector General (OIG) as appropriate;
        5. In collaboration with ERB and SOL, as appropriate, advising supervisors and managers;
        6. Notifying the alleged victim through regular communication of the status and completion of the harassing conduct investigation, consistent with the Privacy Act;
        7. Advising supervisors, managers, and other department officials as needed and permitted by law of issues arising an investigation;
        8. Preparing a brief written summary of the evidence gathered during the investigation and providing it to ERB for evaluation of potential corrective action;
        9. In coordination with CRC, developing and providing training, support, and technical assistance on this Policy;
        10. Interfacing regularly with the CRC regarding overall policy matters pertaining to anti-harassment, such as training, outreach, and reports; and
        11. Monitoring, in consultation with the CRC, the effectiveness of this Policy and procedures, including maintaining information on the number of allegations of harassment, the basis for the allegations, and any corrective actions taken, including all forms of discipline and relief.
  4. Responsibilities of the Office of the Solicitor/Counsel to the Inspector General.
    1. The Office of the Solicitor (SOL) shall be responsible for providing legal advice to relevant OASAM subcomponents and management concerning the implementation and interpretation of this Policy unless a complaint involves an employee of the Office of Inspector General (OIG). Throughout this Policy, if an OIG employee is involved in an allegation, references to SOL should be replaced with OIG, Office of Legal Services (OIG-OLS)
    2. The Office of Inspector General, Office of Legal Services (OIG-OLS) will provide legal advice to OIG subcomponents that administer this Policy and procedures and to OIG management regarding complaints filed under this Policy and procedures that involve OIG employee(s).
  5. Responsibilities of Agency Heads
    1. Each Department of Labor Agency Head shall be responsible for:
      1. Taking appropriate action to enforce and implement this Policy; and
      2. Ensuring appropriate training is assigned for all agency supervisors, managers, and senior executives to ensure they are prepared to respond immediately and appropriately to allegations of harassing conduct.

305 Reporting Harassment

The procedures for reporting incidents of harassing conduct are as follows:

  1. Any person who believes that they have been the subject of or witnessed an incident of harassing conduct, or who otherwise has knowledge of an incident of harassing conduct in violation of this Policy and procedures, may report this matter to the AHCT or any person occupying a managerial or supervisory position within the Department of Labor. Any supervisor or manager that receives an allegation of, or witnesses, harassing conduct must report it to the AHCT via email as soon as possible but no later than two (2) business days after receipt.
  2. There is no prescribed timeframe for filing complaints under this Policy. However, since stopping the harassing conduct is the only remedy available to alleged victims under the Policy, DOL strongly encourages all employees and contractors to promptly report harassing conduct allegations.
  3. An individual may concurrently file a complaint under this Policy and initiate the EEO complaint process with the CRC. EEO complaints must be filed within 45 calendar days of the most recent incident of harassment and/or allegation of unlawful disparate treatment. This Policy and procedures apply only to harassing conduct complaints; more information about filing complaints in EEO process may be found here: https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/internal.
  4. Complaints filed under this Policy and procedures may be filed anonymously. Individuals should be aware that it may be more difficult to effectively investigate anonymous complaints.
  5. Corrective action taken against an alleged harasser for violations of this Policy and procedures is covered by the Privacy Act. Alleged victims or other participants in an investigation under this Policy will not be notified of actions taken and are not entitled to such information. Again, stopping harassing conduct is the only remedy available to alleged victims under the Policy, and the only information to which alleged victims are entitled is the status and completion of the harassing conduct investigation into their complaint.

306 Investigations into Allegations of Harassing Conduct

  1. Except as provided in Section 307, the AHCT will evaluate all complaints it receives and ensure that thorough, impartial and appropriate investigations are conducted into complaints that fall within the purview of this Policy and procedures.
    1. If deemed appropriate by the AHCT, a prompt, thorough, and impartial investigation will begin within 10 calendar days of notification of the harassment allegations.
    2. Each investigation will be tailored to the specific facts and circumstances of each case.
    3. At the conclusion of the investigation, the AHCT will prepare a brief written summary of the evidence and compile it with the evidence into a report of investigation (ROI). Within one (1) business day of completion, the AHCT will provide a copy of the ROI to OHR’s Employee Relations Branch (ERB) and to the management official responsible for considering, proposing, and/or taking immediate and appropriate corrective action. If OHR/ERB determines that additional fact-finding is needed to support corrective action, it will provide the AHCT with a detailed list of evidence that is needed to complete the investigation.
  2. Actions To Be Taken upon Completion of the Investigation
    1. Upon completion of the investigation, management will evaluate the ROI and consult with OHR/ERB regarding what, if any, immediate and appropriate corrective action(s) are warranted under the circumstances. OHR/ERB and management may consult with SOL during this evaluation, as appropriate.
    2. At the completion of the investigation, the AHCT must ensure that the complainant(s) (and any aggrieved person or alleged victim if he or she was not the complainant) is informed that the matter is completed in a manner consistent with the requirements of the Privacy Act of 1974, 5 U.S.C. § 552a, as amended. Accordingly, the AHCT may not report the specific action(s) taken against the alleged harasser(s).
    3. All requests for disclosure of information and documents pertaining to a harassing conduct complaint must be forwarded to OHR’s designated FOIA Coordinator.
    4. There is no right to appeal under this Policy.

307 Complex Harassing Conduct Complaints

A. Allegations of Harassing Conduct against High-Ranking DOL Officials

  1. Allegations of harassing conduct against high-ranking DOL officials, including Assistant Secretaries, other officials of the Department whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate (PAS) (except for the Inspector General and the Solicitor), Deputy Assistant Secretaries, and non-career SES appointees, must be immediately forwarded to the Solicitor, who may delegate responsibility for investigating the complaint to the Associate Solicitor for the Office of Legal Counsel (OLC).
  2. The Solicitor or their delegee will evaluate all complaints they receive and ensure that thorough, impartial and appropriate investigations are conducted into complaints that fall within the purview of this Policy and procedures.
  3. The Solicitor or their delegee may consult with agency supervisor(s) of the official(s) implicated in the alleged harassing conduct, OHR and/or the servicing HRO, SOL, and any other applicable stakeholder regarding whether interim relief is appropriate in any given case. In cases against an Assistant Secretary or another senior non-career appointee, the Associate Solicitor for OLC must consult with the Deputy Secretary regarding whether interim relief is appropriate.
  4. The Solicitor or their delegee must prepare a summary report on the harassing conduct complaint.
  5. The Solicitor or their delegee will consult with agency supervisor(s) of the official implicated in the alleged harassing conduct, and OHR and/or the servicing HRO, when necessary, regarding corrective actions taken under this Policy. In cases where allegations are made against an Assistant Secretary or senior non-career appointee, the Solicitor or their delegee will consult with the Deputy Secretary regarding how to address any harassing conduct of the official.
  6. The Solicitor or their delegee, at the completion of the investigation, must ensure that the complainant(s) (and any aggrieved person or alleged victim if he or she was not the complainant) is informed that the matter is completed in a manner consistent with the requirements of the Privacy Act of 1974, 5 U.S.C. § 552a, as amended. To protect the rights of persons involved in the complaint process, the Associate Solicitor will not report the specific action taken.
  7. All requests for disclosure of information and documents pertaining to a harassing conduct complaint handled under this Section must be forwarded to SOL’s designated FOIA Coordinator.
  8. There is no right to appeal under this Policy.

B. Allegations of Harassing Conduct against High-Ranking SOL Officials

  1. Allegations of harassing conduct against high-ranking officials in SOL, including SOL officials whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate (PAS), must be immediately forwarded to the Director of the CRC who will be responsible for coordinating the investigation of the allegations.
  2. The Director of the CRC may employ a contract investigator to conduct the investigation of allegations of harassing conduct arising under this subsection. The Director of CRC will evaluate all complaints CRC receives and ensure that thorough, impartial and appropriate investigations are conducted into complaints that fall within the purview of this Policy and procedures.
  3. The Director of the CRC must consult with agency supervisor(s) of the official(s) implicated in the alleged harassing conduct and OHR or the servicing HRO, regarding whether interim relief is appropriate under the circumstances of each case. In cases where allegations are brought against the Solicitor, a Deputy Solicitor, or another senior non-career appointee in SOL, the Director of the CRC must consult with the Deputy Secretary regarding whether interim relief to address the alleged harassing conduct is appropriate.
  4. The Director of the CRC must consult with agency supervisor(s) of the official implicated in the alleged harassing conduct, and OHR or the servicing HRO when necessary, regarding how to address any harassing conduct. In cases where allegations are brought against the Solicitor, a Deputy Solicitor, or another senior non-career appointee in SOL, the Director of the CRC must consult with the Deputy Secretary regarding how to address any harassing conduct of the official.
  5. The Director of the CRC must prepare a summary report on the complaint.
  6. The Director of the CRC, at the completion of the investigation, must inform the complainant(s) (and any aggrieved person or alleged victim if he or she was not the complainant) that the matter is completed in a manner consistent with the requirements of the Privacy Act of 1974, 5 U.S.C. § 552a, as amended. To protect the rights of those involved in the complaint process, the Director of the CRC will not report the specific action taken.
  7. All requests for disclosure of information and documents pertaining to complaints handled under this Section must be forwarded to SOL’s designated FOIA Coordinator.
  8. There is no right to appeal under this Policy.

C. Allegations of Harassing Conduct against High-Ranking OIG Officials

  1. Allegations of harassing conduct against high-ranking OIG officials must be forwarded to the Council of the Inspectors General on Integrity and Efficiency.
  2. All requests for disclosure of information and documents pertaining to a harassing conduct complaint against OIG Officials must be forwarded to the OIG’s designated FOIA Coordinator.

D. Allegations of Harassing Conduct against a Member of the AHCT

  1. All complaints alleging harassing conduct against a member of the AHCT must immediately be forwarded to the Chief Human Capital Officer (CHCO). The CHCO will evaluate all complaints he or she receives and ensure that thorough, impartial and appropriate investigations are conducted into complaints that fall within the purview of this Policy and procedures.
  2. The CHCO or his or her delegee must consult with SOL regarding whether interim relief is appropriate under the circumstances of each case.
  3. The CHCO’s delegee must prepare a final report summarizing the information gathered in the investigation and forward the report to the CHCO and Chief, DELMR.
  4. The CHCO or his or her delegee must consult with SOL regarding what if any corrective action is warranted by the results of the investigation.
  5. The CHCO must inform the complainant(s) (and any aggrieved person or alleged victim if he or she was not the complainant) at the completion of the investigation that the matter is completed in a manner consistent with the requirements of the Privacy Act of 1974, 5 U.S.C. § 552a, as amended. To protect the rights of persons involved in the complaint process, the CHCO may not report the specific action taken or improperly disclose the information obtained.
  6. All requests for disclosure of information and documents pertaining to complaints handled under this Section must be forwarded to OHR’s designated FOIA Coordinator.
  7. There is no right to appeal under this Policy.

E. Allegations of Harassing Conduct by a Contractor Against a DOL Employee

  1. Allegations of harassing conduct made by a contractor against a DOL employee must be referred by the AHCT to the CHCO, who will evaluate these complaints and ensure that thorough, impartial and appropriate investigations are conducted into complaints that fall within the purview of this Policy and procedures.
  2. The CHCO must notify the Administrative Officer of the agency employing the alleged harasser and Senior Procurement Executive (SPE) of the allegations. The CHCO and SPE, in consultation with the SPE and SOL as appropriate, will determine whether interim relief is warranted under the circumstances.
  3. The CHCO’s delegee must prepare a final report summarizing the evidence for the AO of the agency employing the alleged harasser, who will determine the appropriate official to review the report and determine the appropriate corrective action that is warranted in each case. In reaching his or her determination, the management official must consult with the ERB and SOL, as appropriate.
  4. The CHCO or his or her delegee must inform the complainant(s) (and any aggrieved person or alleged victim if he or she was not the complainant) at the completion of the investigation that the matter is completed in a manner consistent with the requirements of the Privacy Act of 1974, 5 U.S.C. § 552a, as amended. To protect the rights of persons involved in the complaint process, the CHCO or his or her delegee may not report the specific action taken or improperly disclose the information obtained.
  5. All requests for disclosure of information and documents pertaining to complaints handled under this Section must be forwarded to OASAM’s designated FOIA Coordinator.
  6. There is no right to appeal under this Policy.

F. Allegations of Harassing Conduct Against a Non-DOL Employee (including Customer or Contractor)

  1. Allegations of harassing conduct made by a DOL employee against a non-DOL employee (e.g., customer or contractor) must be referred by the AHCT to the CHCO, who will evaluate these complaints and ensure that thorough, impartial and appropriate investigations are conducted into complaints that fall within the purview of this Policy and procedures.
  2. The CHCO must notify the Senior Procurement Executive (SPE) of the allegations. The CHCO and SPE, in consultation with the SPE and SOL as appropriate, will determine whether interim relief is warranted under the circumstances.
  3. The CHCO’s delegee must prepare a final report summarizing the evidence for the AO of the agency employing the complainant(s), who will determine the appropriate corrective action that is warranted in each case. In reaching his or her determination, the management official must consult with the Agency Contracting Officer Representative, SPE, and/or SOL, as appropriate.
  4. The CHCO or his or her delegee must inform the complainant(s) at the completion of the investigation that the matter is completed in a manner consistent with the requirements of the Privacy Act of 1974, 5 U.S.C. § 552a, as amended. To protect the rights of persons involved in the complaint process, the CHCO or his or her delegee may not report the specific action taken or improperly disclose the information obtained.
  5. All requests for disclosure of information and documents pertaining to complaints handled under this Section must be forwarded to OASAM’s designated FOIA Coordinator.
  6. There is no right to appeal under this Policy.

308 Confidentiality

  1. All information regarding harassing conduct complaints and investigations will be maintained on a confidential basis to the greatest extent possible. Moreover, DOL provides assurance that, to the extent possible, it will protect the confidentiality of individuals bringing harassment claims. The maintenance of records and any disclosures of information from these records will comply with the Privacy Act, 5 U.S.C. 552a and Privacy Act System - DOL/Central 3.
  2. Such information, however, may be disclosed in accordance with those authorities, including:
    1. To support any disciplinary or adverse action arising from an investigation under this Policy and procedures, as required under 5 U.S.C. Chapter 75;
    2. To defend the Department in any litigation, to include arbitration and other third-party adjudications, to which the information may be relevant and necessary; and
    3. To officials and employees within the Department involved in assessing, responding to, investigating, attempting to resolve, defending, adjudicating, or other official duties requiring such access to relevant information, or otherwise have a need to know to carry out the purpose and intent of this Policy and procedures

Last updated: September 30, 2026