3 FAM 1540
ANTI-BULLYING POLICY
(CT:PER-1181; 03-26-2024)
(Office of origin: S/O)
3 FAM 1541 POLICY
(CT:PER-1181; 03-26-2024)
(State)
The Department of State is committed to creating and maintaining an environment free from bullying. All supervisors must ensure personnel are treated with respect, civility, and professionalism in the workplace; take prompt action to stop behavior contrary to this policy; and pursue appropriate steps to hold accountable those who violate this policy.
3 FAM 1542 APPLICABILITY
(CT:PER-1181; 03-26-2024)
(State)
The provisions of 3 FAM 1540 apply to all Foreign and Civil Service employees, including family members paid under the Foreign Service schedule and Locally Employed Staff paid under the local compensation plan.
3 FAM 1543 ANTI-BULLYING POLICY
(CT:PER-1181; 03-26-2024)
(State)
(Foreign Service employees, Civil Service employees, and Locally Employed
Staff)
a. The Department of State is committed to providing a workplace free from bullying behavior. When the Department determines that an employee has engaged in bullying behavior, it will take prompt and appropriate corrective action.
b. Employees are expected to behave professionally and to exercise good judgment in work-related relationships, whether with fellow employees, business colleagues, or members of the public. Employees are expected to treat everyone in the workplace with respect, civility, and professionalism.
c. All personnel are encouraged to report bullying behavior. Supervisors and other responsible Department officials carry the additional responsibility to take prompt and appropriate actions to address potential violations of this policy. Supervisors and other responsible Department officials who fail to do so could themselves become subject to disciplinary action.
3 FAM 1543.1 What is Bullying Behavior?
(CT:PER-1181; 03-26-2024)
(State)
(Foreign Service employees, Civil Service employees, and Locally Employed
Staff)
a. Workplace bullying is a single, significant incident and/or pattern of behavior, not related to an EEO protected class, that creates a work environment that a reasonable person would find intimidating, hostile, threatening, or abusive. Behavior that has a demonstrably negative impact on others in the workplace may constitute bullying, even if the direct recipient or target of the bullying behavior indicates they are not offended and/or affected.
b. Improper behavior related to the EEO protected classes of race, color, national origin, religion, sex (including pregnancy, sexual orientation, and/or gender identity), age, disability, genetic information, and/or retaliation for prior protected EEO activity falls under 3 FAM 1525 Anti-Sexual Harassment and/or 3 FAM 1526 Discriminatory Harassment and must be reported by supervisors and other responsible Department officials to the Office of Civil Rights (S/OCR) Anti-Harassment Program (AHP). If the alleged behavior includes both bullying and harassment, then both may be reported to AHP. If the severity of the bullying rises to the level of workplace violence, 3 FAM 4150 Workplace Violence applies.
c. Bullying behavior is not limited to those in positions of authority. Supervisors, subordinates, and peers can all engage in bullying behavior and will be held accountable for their actions.
d. The following list, while not exhaustive, illustrates behavior that may be considered workplace bullying when carried out in an unreasonable, and intimidating or threatening manner:
(1) Physically blocking entrance or egress to an office or a cubicle;
(2) Invading personal space;
(3) Repeatedly silencing, interrupting, or ignoring an employee;
(4) Making and/or circulating derogatory or humiliating remarks about a Department employee;
(5) Directing personal insults, obscene gestures,
and/or foul
language at a Department employee;
(6) Screaming, shouting, and/or throwing objects in anger;
(7) Unreasonably and/or repeatedly refusing to communicate, or excluding someone from meetings, emails, and verbal readouts that are necessary for their work;
(8) Targeted effort to destroy the reputation or interpersonal relationships of another;
(9) Interfering with a person’s personal property or workspace without an immediate work-related need to do so; and/or
(10) Denial of leave or professional development opportunities without a substantive, resource-based, or performance-based rationale.
e. Supervisors are required to communicate with employees about their job performance, including constructive feedback and counseling. Managing employee performance is not in and of itself bullying behavior. The following list, while not all inclusive, illustrates behavior that may be considered reasonable supervisory actions and does not constitute bullying by a supervisor unless other factors are present:
(1) Providing written performance evaluations, including criticism;
(2) Coaching and/or providing constructive feedback verbally or in writing;
(3) Monitoring and/or restricting access to information for legitimate business reasons;
(4) Scheduling ongoing meetings to address performance and/or conduct issues;
(5) Setting fair and consistent performance goals, supporting opportunities for professional development, and taking collaborative steps to improve performance where needed;
(6) Seeking information about alleged misconduct; and/or
(7) Referring an employee for possible discipline in response to misconduct.
f. Differences of opinion, interpersonal conflicts, and occasional problems in work relations are an expected part of work life and do not necessarily constitute workplace bullying.
3 FAM 1543.2 Rights and Responsibilities
3 FAM 1543.2-1 The Department’s Responsibilities
(CT:PER-1181; 03-26-2024)
(State)
(Foreign Service employees, Civil Service employees, and Locally Employed
Staff)
a. The Department will take prompt steps to address allegations of bullying.
b. Supervisors and other responsible Department officials who observe or are informed of incidents of bullying behavior must take prompt and appropriate action to address the bullying behavior, which may include documenting allegations and observations, discussing the concerns with involved personnel, and/or counseling alleged bullies. When reports of alleged bullying behavior are referred to Bureau Executive offices, they will conduct administrative inquiries regarding the allegations, and pursue possible disciplinary action when appropriate. For the purposes of this section, responsible Department officials include first or second-line supervisors, the alleged bully’s supervisor, a post’s management officials, HR officials, a bureau’s Executive Director, and/or front office leadership. For guidance on how to address suspected bullying behavior, supervisors and other responsible Department officials can contact their bureau or post HR officials, the Manager Support Unit in the Bureau of Global Talent Management (GTM/ER/MSU), and/or the Workplace Conflict Prevention and Resolution Center (wCPRc) in the Office of the Ombuds. For guidance on how to address suspected bullying by or between LE Staff, supervisors can also contact GTM/OE. Supervisors and other responsible Department officials are encouraged to seek guidance as failure to address bullying incidents may be considered a violation of this policy and may result in review for potential disciplinary action and/or be considered a performance issue.
c. To enforce this policy and effectively address behavior, the Department is committed to ensuring that details of bullying allegations is limited to those who have a need to know. It is a violation of this policy to retaliate against someone who has reported possible bullying behavior. Employees who engage in reprisal or retaliation may be subject to discipline per 3 FAM 4540, 3 FAM 4370, and/or 3 FAM 7720.
d. Employees found by the Department to have engaged in bullying behavior are subject to disciplinary action, up to and including separation, or other appropriate management action per 3 FAM 4540, 3 FAM 4370, and/or 3 FAM 7720. Verbal or documented counseling, or admonishment, while not a form of discipline, may also be considered with guidance from the appropriate post or bureau HR office.
3 FAM 1543.2-2 Employees’ Rights and Responsibilities
(CT:PER-1181; 03-26-2024)
(State)
(Foreign Service employees, Civil Service employees, and Locally Employed
Staff)
a. Any employee who believes they have been the target of bullying behavior is encouraged to inform the alleged bully orally and/or in writing that such conduct is unwelcome and must stop. If the employee does not wish to or is not able to communicate directly with the alleged bully, or if such communication has been ineffective, the employee should report the allegations of bullying behavior through their chain of command, including their bureau Executive Office, their post’s management or HR office, and/or through the Workplace Conflict Prevention and Resolution Center (wCPRc) portal [currently in development].
b. Any employee who believes they have witnessed bullying behavior or who otherwise becomes aware of bullying behavior is encouraged to report the incident to their appropriate chain of command, including their bureau’s Executive Office, and/or through the Workplace Conflict Prevention and Resolution Center (wCPRc) portal [currently in development].
c. In the event of an imminently threatening or violent situation, move to a place of safety and immediately contact 911 if the incident takes place in the United States, or contact the appropriate law enforcement or security office (e.g., RSO) in the location when there is a risk to employee safety or the safety of others in accordance with 3 FAM 4156. If an employee receives a direct or perceived threat, the employee should immediately contact the Office of Protective Intelligence Investigations (DS/TIA/PII) at DS-PIIDutyAgent@state.gov and, if at an overseas post, the regional security officer (RSO). If an employee believes an individual is displaying concerning or odd behavior (such as a drastic change in appearance/grooming, combative or irritable behavior, threatening violence, suggesting self-harm, expressing violent thoughts, etc.) that could be indicative of a potential risk of violence towards themselves or another person, the employee should immediately report to InsiderThreatReporting@state.gov and, if at an overseas post, the RSO.
d. If while serving overseas an RSO is engaging in threatening behavior, the employee should immediately notify their front office and the Diplomatic Security Office of Special Investigations (DS/DO/OSI) at DS-OSIDutyAgent@state.gov. DS/DO/OSI does not conduct investigations into bullying or threats against individuals. However, DS/DO/OSI will make sure to report such conduct to the relevant office for further action.
e. All personnel are encouraged to report bullying behavior as soon as possible to a responsible Department official. It is usually most expeditious—though not required—that the official be within the alleged bully’s supervisory chain of command. An employee found to have engaged in bullying behavior will be subject to administrative or disciplinary action, up to and including separation, regardless of whether the affected party approached the alleged offending employee about the bullying behavior.