3 FAM 1520 ANTI-HARASSMENT PROGRAM

UNCLASSIFIED (U)

ANTI-HARASSMENT PROGRAM

(CT:PER-1231; 05-27-2025)
(Office of Origin: S/OCR)

(CT:PER-1231; 05-27-2025)

a. The Department is committed to a harassment-free workplace. Harassment is illegal as a form of discrimination and is also misconduct. Harassing behavior is inconsistent with the Department’s values, abrogates professional norms, and is in opposition to the principles of civility and respect expected of all Department staff. Harassing behavior impacts others’ ability to do their jobs and can negatively affect morale and productivity overall. The Department is committed to holding accountable through immediate and appropriate corrective action anyone who:

(1) engages in harassment or behavior that may not meet the definition of harassment as stated in this policy but may become harassment if left unaddressed;

(2) fails to report harassing behavior when required;

(3) refuses to cooperate in an investigation; or

(4) retaliates against those who participate with the Anti-Harassment Program (AHP).

b. Employees who engage in any of these behaviors may be referred to the Conduct, Suitability, and Discipline division (GTM/ER/CSD) for potential disciplinary action, up to and including separation or removal, regardless of any discussions with managers or certain management actions (i.e. curtailment) following receipt of an allegation.

c. This policy is not intended to be a civility code and does not encompass all Department-wide standards for professional behavior. This policy should be viewed in the context of other relevant policies and the Department’s broad mission for civility, professionalism, and accountability.

d. AHP exists to facilitate the Department's obligation to take immediate and appropriate corrective action to eliminate harassing behavior. AHP is independent and separate from the EEO process, which is governed by Equal Employment Opportunity Commission (EEOC) regulations. For more on the EEO process, see 2 FAM 1530.

e. This policy defines harassment, outlines AHP’s investigative procedures, identifies Department officials who have a mandatory reporting requirement, and provides an overview of rights and responsibilities.

3 FAM 1522 AUTHORITY

(CT:PER-1231; 05-27-2025)

a. Title VII of the Civil Rights Act of 1964, as amended (Title VII) (42 U.S.C. 2000e et seq.)

b. The Foreign Service Act of 1980, as amended (22 U.S.C. 3901, et seq. including 22 U.S.C. 3927)

c. The Age Discrimination in Employment Act, as amended (ADEA) (29 U.S.C. 633a);

d. The Rehabilitation Act of 1973, as amended (Rehabilitation Act) (29 U.S.C. 791 and 29 U.S.C. 794 et seq.)

e. The Genetic Information Nondiscrimination Act of 2008 (29 U.S.C. 2000ff)

f. The Pregnant Workers Fairness Act of 2022

g. 29 CFR 1604.11

h. EEOC Management Directive 715

i. EEOC Enforcement Guidance: Enforcement Guidance on Harassment in the Workplace, No. 915.064 (April 29, 2024), or as updated.

3 FAM 1523 Definitions

(CT:PER-1231; 05-27-2025)

Definitions are provided throughout this policy.

3 FAM 1524 Applicability

(CT:PER-1231; 05-27-2025)

a. This policy applies to all individuals with access to Department facilities and/or falling under Chief of Mission authority and/or security responsibility, including all Department Civil Service employees, Foreign Service employees, interns, Locally Employed staff, eligible family members, personal service contractors, and third-party contractors.

b. An individual’s failure to participate in, or cooperate with, an AHP investigation may result in discipline, management action, and/or a referral to the individual’s employing agency or company.

3 FAM 1525 AHP and the EEO Process

(CT:PER-1231; 05-27-2025)

a. As required by the EEOC, S/OCR maintains a firewall between AHP and the EEO process. This protects the integrity and neutrality of the EEO process and avoids any conflict of interest or perception thereof.

b. Reporting harassment and/or participating in an AHP investigation does not initiate the EEO process. To initiate the EEO process, the aggrieved must contact an EEO Counselor within 45 calendar days of an alleged discriminatory act, including harassment. See 2 FAM 1534.

c. If an individual has initiated the EEO process, they are still required to participate in AHP investigations, regardless of whether there is a related EEO complaint. The EEO and AHP processes are managed independently, and full cooperation in an AHP investigation is still required of those who are pursuing an EEO complaint.

3 FAM 1526 ANTI-HARASSMENT POLICY

(CT:PER-1231; 05-27-2025)

a. All individuals specified in 3 FAM 1524 are prohibited from engaging in harassing behavior, must maintain professionalism, and must exercise good judgment in all work-related interactions. Further, these individuals are encouraged to take appropriate measures to prevent harassment whenever possible.

b. Individuals found to have engaged in harassing behaviors and/or related misconduct may be referred for discipline, up to and including separation or removal, and/or management action. Related misconduct may include non-EEO misconduct reported to AHP or uncovered during a harassment investigation.

c. The Department may determine that some behaviors violate other policies, constituting other forms of misconduct, thus warranting discipline, even though the behaviors may fail to meet the legal definition of harassment.

d. Employees are expected to conduct themselves professionally and in a manner appropriate for the workplace. The Department seeks to prevent harassment and address misconduct before it rises to the level of illegal harassment. Behavior that is tied to an EEO basis and that unreasonably interferes with the workplace may be investigated and/or corrected before it becomes severe and/or pervasive.

e. Supervisors should model professionalism and be aware of the impact their supervisory position has on employees’ willingness to identify or confront unwelcome behavior.

f. Harassing behavior may be actionable misconduct, whether it occurs on or off duty and/or on or off government-controlled property.

g. The Department may determine that some behaviors violate Department policies and expectations, even though they do not meet the legal definition of harassment. Employees are advised to review the FAM, ALDACs and Department Notices regarding the Department’s expectations for employee conduct and professional behavior.

3 FAM 1526.1 What Is Harassment?

(CT:PER-1231; 05-27-2025)

a. Harassment is legally defined as:

(1) Unwelcome conduct;

Includes conduct that is unwanted, offensive, or unsolicited. The victim need not be an intended target of the conduct and may be a bystander.

(2) Because of an EEO basis, i.e., race, color, religion, sex, national origin, age (40 years or older), disability, genetic information, and/or EEO protected activity; and

(3) Sufficiently severe and/or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

The reasonable person is defined as the average person in the United States who exercises care, skill, and judgment.

b Sexual harassment is harassment that is sexual in nature:

Examples of conduct that may be sexual harassment include, but are not limited to:

(a) Sexual pranks, or sexual teasing, jokes, or innuendo;

(b) Verbal abuse of a sexual nature;

(d) Touching or grabbing of a sexual nature;

(e) Repeatedly standing too close to, or brushing up against, a person;

(f) Repeated or inappropriate romantic/sexual advances or requests to socialize, after the recipient has indicated they are not interested;

(g) Romantic or sexual advances toward a subordinate or other individual in a situation where there may be an implied pressure to consent;

(h) Giving gifts or leaving objects that are sexually suggestive;

(i) Making sexually suggestive gestures;

(j) Making or posting sexually demeaning images or materials in the workplace, or sharing suggestive images with colleagues;

(k) Leering or gawking of a sexual nature;

(l) Pressure for sexual favors; and

(m) Employment actions, including demotion, denial of privileges, removal of assignments, or termination after refusing or opposing behavior or propositions of a sexual nature.

c. Discriminatory harassment encompasses all other forms of harassment, including sex-based harassment that is not sexual in nature:

Examples of conduct that may be discriminatory harassment include, but are not limited to, the following when they are based on an EEO protected category (see 3 FAM 1526.1 (a)(2)):

(a) Racial epithets and ethnic slurs;

(b) Mocking, teasing, or intentionally causing embarrassment;

(d) Offensive or derogatory jokes or comments;

(e) Making, posting, e-mailing, or circulating demeaning or offensive images, graffiti, or materials in the workplace; and

(f) Employment actions, including demotion, denial of privileges, removal of assignments, or termination.

3 FAM 1527 Retaliation

(CT:PER-1231; 05-27-2025)

a. It is a violation of both federal law and this policy to retaliate against someone who has engaged in EEO protected activity. AHP may investigate allegations of retaliation, and if substantiated, the retaliating individual may be subject to discipline.

(1) Retaliation occurs:

(a) when a person treats others less favorably because of their engagement in EEO protected activity, and/or

(b) when a person’s conduct creates a chilling effect on (i.e., might well deter a reasonable person from) engaging in EEO protected activity. This includes negative comments about AHP, reasonable accommodations, and/or the EEO process.

(2) EEO protected activity includes, but is not limited to:

(a) filing an EEO complaint or otherwise participating in the EEO process;

(b) reporting harassment or participating in an AHP investigation;

(d) refusing to follow orders that would result in discrimination;

(e) resisting sexual advances;

(f) requesting accommodation for a limitation relating to disability, pregnancy (including childbirth and pregnancy-related medical conditions), or a sincerely held religious belief; and/or

(e) otherwise opposing discriminatory practices.

(3) Examples of conduct that may be retaliation include, but are not limited to, the following when connected to or following an individual’s EEO protected activity:

(a) Ostracizing or ignoring an individual;

(b) Giving an individual a bad performance review without either a history of documented poor performance that pre-dates the EEO protected activity or a marked deterioration in performance following the EEO protected activity;

(d) Enforcing previously loosely or un-enforced rules, or holding an individual to a different standard than their colleagues;

(e) Employment actions, including demotion, denial of privileges, removal of assignments, or termination;

(f) Veiled comments about an individual’s EEO protected activity, e.g. remarks about valuing loyalty, the demise of the individual’s career, watching what you say in front of the individual, or things like, “I wish you would have talked to me first;” and

(g) Negative, generalized comments about requests for reasonable accommodation, the EEO process, and/or AHP, even when not connected to a specific individual’s EEO activity.

3 FAM 1528 Rights and Responsibilities

(CT:PER-1231; 05-27-2025)

3 FAM 1528.1 The Department’s Responsibilities

(CT:PER-1231; 05-27-2025)

a. .Mandatory Reporting Requirement: Responsible Department Officials (RDOs) must immediately report allegations of harassment and/or retaliation for harassment-related EEO protected activity directly to the Department’s Anti-Harassment Program (AHP), even if the alleged victim does not wish to report. All others are strongly encouraged to report. Reporting obligations attach to allegations RDOs observe, are informed of, and/or reasonably suspect may have occurred.

(1) RDOs are those who have authority to make personnel decisions or take management action, those who are reasonably perceived to have such authority, or individuals who could reasonably be expected to act on the information/allegations they receive or observe. RDOs include, but are not limited to:

(a) All individuals with supervisory authority (including those who supervise LE Staff, EFMs, and/or contractors);

(b) Ambassadors, Chargés d'Affaires, Deputy Chiefs of Mission, Principal Officers, Deputy Principal Officers, Management Officers, Human Resources Officers; Regional Security Officers; Community Liaison Officers;

(d) Bureau Executive Directors, post management officers, bureau and post human resources staff;

(e) Any Department employee in an EEO advisory capacity, including EEO Counselors, LE Staff EEO Liaisons, and all S/OCR staff;

(f) FSI leadership, including instructors and coaches; and

(g). Most GTM employees, including the GTM front office and GTM Office Directors, Career Development Officers, Retention Advisors, and staff in the Office of Employee Relations.

(2) Victims of alleged harassment or assault are encouraged, but not required, to report.

(3) Failure of an RDO to immediately report allegations of harassment directly to AHP is a violation of this policy and may result in discipline:

(a) "Immediately” generally does not exceed two working days; and

(b) An RDO’s report to a supervisor, HR, an EEO Counselor, etc. does not satisfy this requirement.

(4) RDOs must report all allegations of harassment and/or related retaliation regardless of the victim’s/harasser’s employment category, including those they did not witness firsthand, those involving individuals not in their chain of command, and those involving solely LE staff, EFMs, or contractors.

(5) RDOs must report allegations of unwelcome conduct with an alleged EEO basis, regardless of whether they believe the allegations

(a) meet the legal definition of harassment or retaliation,

(b) are credible, or

b. AHP is responsible for, and will conduct or oversee, investigations into allegations of harassment and related misconduct on behalf of the Department in a prompt, thorough, and impartial manner.

c. As needed, AHP will coordinate with supervisors of alleged victims, witnesses, and/or alleged harassers to arrange a mutually beneficial time for the relevant parties to take part in the AHP investigation. Participation in AHP investigations is considered regular duty as part of mandatory compliance with administrative investigations. Activities related to participation in the investigation should be accomplished during regular duty and absent unique circumstances, premium compensation such as overtime or compensatory time off will not be approved for such activities.

d. The Department is legally obligated to take immediate and appropriate corrective action to stop, prevent, and/or remedy the effects of harassment. Supervisors shall take immediate and appropriate management action upon learning about credible allegations of harassment to ensure the behavior stops. As necessary, AHP will consult with management on intervening measures while an investigation is pending:

(1) When appropriate, AHP will notify management of a pending investigation and may include recommendations for immediate and appropriate corrective action; and

(2) Management must provide information/ documentation to AHP within 15 calendar days of receipt of AHP’s notice, explaining what action was taken. If no action was taken, management must provide its justification.

e. The Department will also take immediate and appropriate corrective action whenever allegations of harassment or retaliation have been substantiated in an AHP investigation, notwithstanding any managerial action taken as an interim measure. Reports from investigations into harassing behaviors in which allegations were substantiated may be referred to GTM/ER/CSD for potential disciplinary action. See 3 FAM 1529 (g):

(1) AHP may include recommendations for immediate and appropriate corrective action in its Report of Investigation (ROI); and

(2) Management must provide information/ documentation to AHP within 15 calendar days, explaining what action was taken. If no action was taken, management must provide its justification.

3 FAM 1528.2 Staff Rights and Responsibilities

(CT:PER-1231; 05-27-2025)

a. All at the Department have a right to be in an environment free from harassing behavior. While RDOs are required to report allegations of harassment directly to AHP, anyone may report to AHP.

b. All individuals specified in 3 FAM 1524 (a) are required to cooperate with AHP investigations, regardless of whether they reported the harassment. Cooperation ensures the Department can maintain a harassment-free working environment. Failure to cooperate with an AHP investigation may result in discipline. Cooperation in an investigation may include but is not limited to:

(1) participating in interviews;

(2) answering interrogatories;

(3) providing documentary evidence;

(4) identifying witnesses; and/or

(5) responding to all other requests for information in a timely fashion.

c. AHP participants are prohibited from discussing the details of an AHP investigation with anyone who does not have a need-to-know. Discussions with individuals outside of AHP who do not have a need-to-know may lead to a retaliation allegation and/or taint the outcome of the investigation. Failure to adhere to this provision may be grounds for disciplinary action.

Any questions or concerns relating to another individual’s need-to-know should be directed to AHP.

d. Participating in an AHP investigation is considered EEO protected activity; retaliation based on someone’s participation in an AHP investigation is strictly prohibited. Individuals who believe they have experienced retaliation should contact AHP immediately; if they wish to seek specific remedies/damages through the EEO process, they may contact an EEO Counselor. See 2 FAM 1530.

e. AHP and the EEO process are distinct programs. In addition to reporting harassment concerns to AHP or an RDO, victims may also elect to use the EEO process. See 2 FAM 1530.

3 FAM 1529 Anti-HARASSMENT procedures

(CT:PER-1231; 05-27-2025)

a. AHP reports should be made directly via:

(1) AHP report GO Virtual/OpenNet

(2) AHP report GO Browser

(3) Alternatively, individuals may also report by emailing SOCR_Harassment@state.gov. AHP encourages all reports to include the name of the alleged victim, the name of the alleged harasser, and a description of the allegations. These details help but are not required to report.

b. AHP will review the allegations and, when appropriate, initiate an investigation no later than ten calendar days from receipt of the allegations.

c. The investigation process may include but is not limited to the following:

(1) Interviewing the alleged victim(s), witness(es), and the alleged harasser(s);

(2) Collecting evidence;

(3) Reviewing relevant policies and Department records;

(4) Coordinating with management to facilitate immediate and appropriate corrective action and recommendations for resolution;

(5) Informing participants of their rights, including their right to initiate an EEO complaint and protection from retaliation;

(6) Drafting ROIs and other relevant memoranda;

(7) Referring cases to management and/or other investigative offices for appropriate action;

(8) Discussion with victims about resolution; and/or

(9) Referring allegations including sexual assault to Diplomatic Security’s Office of Special Investigations (DS/DO/OSI) (see 3 FAM 1700). DS/DO/OSI will refer allegations of sexual harassment to AHP. AHP and DS/DO/OSI will coordinate investigating cases involving overlapping allegations of sexual assault and harassment.

d. At the conclusion of an investigation, AHP determines whether any allegations are substantiated and whether any substantiated allegation(s) violate the policies herein. AHP will determine whether, and to whom, the ROI will be referred, based on the substantiation determination and the employment status of the alleged harasser.

e. To the extent possible, AHP will keep confidential the allegations and identity of investigation participants. Consistent with a thorough and impartial investigation, AHP will disclose details to relevant Department officials to ensure immediate and appropriate corrective action.

f. If in the course of an AHP investigation it appears an employee may have violated Department policy, regardless of whether the conduct meets the legal definition of harassment, the ROI may be referred to GTM/ER/CSD and/or management for further action.

g. While GTM/ER/CSD may, upon review, administer a process for administrative or disciplinary action, post and the bureau may also take immediate management action as stated in 3 FAM 1528.1(d). For specific guidance about what action to take, please consult with the Manager Support Unit (GTM/ER/MSU).

h. AHP may notify the victim(s) that a report has been referred for discipline or management action. AHP will only provide a copy of the final ROI to management officials with a need-to-know. Department officials will contact the alleged harasser(s) directly to inform them of any corrective action, as appropriate.

i. AHP is committed to addressing harassment without any conflict of interest. A conflict of interest may exist where: 1) any S/OCR employee is named as victim or harasser; or 2) anyone in S/OCR’s chain of command is named as a victim or harasser:

(1) Anyone reporting allegations that may present a conflict may report as in 3 FAM 1529(a), directly to the AHP Director and/or team leads, or to any S/OCR Section Chief, Deputy, or Director; and

(2) AHP will ensure the case is handled without conflict, which may include referral to an external investigative entity.

UNCLASSIFIED (U)