The contributions of every member of the National Institutes of Health’s (the “Agency” or “NIH”) community are vital to successfully improving people’s health and reducing the burden of disease. An environment where people feel welcome, respected, and valued is necessary for all individuals to contribute to their fullest potential. In alignment with this, the NIH is committed to creating and maintaining a work environment that is free of harassment and other inappropriate conduct. Harassment, bullying, intimidation, threats, or other disruptive behaviors run counter to our mission and goals. NIH is committed to holding all community members accountable for such behaviors by enacting timely and appropriate action regardless of position or status.

Non-federal worker:  Those individuals who perform work for the NIH but have not been employed under an appointing authority that grants them federal status by law and benefits conferred to them as a federal employee.  This includes:  all Trainees and Interns¹, Volunteers and Special Volunteers, and Guest Researchers. NOTE: NIH Management is responsible for taking appropriate action against any non-federal worker who violates this policy. Appropriate action for non-federal workers may include, but is not limited to written counseling, suspension, demotion, or removal from one’s position.

1. Harassment: Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy, gender identity, transgender status, and sexual orientation), national origin, age (40 or older), disability, equal pay/compensation, or genetic information (including family medical history). Harassment is a form of employment discrimination prohibited by Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), the Rehabilitation Act of 1973 (as amended), and ADA Amendments Act of 2008 ADAAA. 42 U.S.C. ch 126 12101 et seq. Harassment becomes unlawful when:

   1. enduring the offensive conduct becomes a condition of continued employment,  

or

2. the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.

2. Forms of Harassment: The following are examples of inappropriate conduct that may meet the definition of harassment if an incident is severe or pervasive.

   1. Sexual Harassment/Harassment based on sex (including pregnancy, gender identity, transgender status, and sexual orientation). Examples include, but are not limited to:

      1. Unwelcome sexual advances
      2. Requests for sexual favors
      3. Making repeated attempts to establish an unwanted relationship
      4. Making offensive comments or asking questions about someone's sexual history, orientation, or gender identity
      5. Intentionally misusing a person’s name or pronouns
      6. Sharing sexually inappropriate images or videos, such as pornography, with others in the workplace
      7. Sending suggestive letters, notes, texts, or emails or displaying inappropriate sexual images in the workplace
      8. Telling lewd jokes or sharing sexual anecdotes
      9. Making inappropriate sexual gestures
      10. Staring in a sexually suggestive or offensive manner or inappropriate whistling
      11. Making sexual comments about appearance, clothing, or body parts
      12. Inappropriate touching, including pinching, patting, rubbing, or purposefully brushing up against another person.

   2. Harassment based on race, ethnicity, color, and/or national origin. Examples include, but are not limited to:

      1. Making derogatory epithets, slurs, remarks, stereotypes, labels, jokes, or innuendos related to a person’s race, ethnicity, culture, or national origin
      2. Making comments, jokes, teasing someone about a person’s dress, personal appearance, hairstyle, speech, or other practices that are related to their race, ethnicity, culture, and/or national origin
      3. Displaying racist or discriminatory symbols or imagery
      4. Engaging in a pattern of unwelcome or inappropriate verbal, behavioral, or environmental indignities, whether intentional or unintentional, that communicate hostile, derogatory, or otherwise negative prejudicial slights and insults toward an individual or group, including but not limited to individuals from historically excluded groups. These may also be referred to as microaggressions² , such as touching someone’s hair or skin, commenting on ability to speak English, stating and/or perpetuating stereotypes, etc.

   3. Harassment based on physical, cognitive, mental disability or “regarded as” having a disability. Examples include, but are not limited to:

      1. Making derogatory remarks, stereotypes, labels, jokes, or innuendos related to people with disabilities
      2. Sending inappropriate letters, notes, texts, or emails and/or displaying inappropriate images in the workplace of people with disabilities
      3. Telling inappropriate jokes or sharing inappropriate disability related anecdotes
      4. Making inappropriate or mocking disability related gestures
      5. Staring in an inappropriate or offensive manner
      6. Making inappropriate comments about appearance, assistive equipment, or body parts
      7. Inappropriate touching, including pinching, patting, rubbing, or purposefully providing unwanted assistance including with service animals
      8. Making offensive comments or asking questions about someone's medical condition, history of a medical condition, and/or whether they are a person with a disability

   4. Harassment based on religion or creed. Examples include, but are not limited to:

      1. Sharing inappropriate images or videos with others in the workplace of a person’s religion, creed, or a person’s choice to abstain from religiosity
      2. Sending inappropriate letters, notes, texts, or emails or displaying inappropriate images in the workplace of a person’s religion, creed, or a person’s choice to abstain from religiosity
      3. Telling inappropriate jokes or sharing inappropriate religion related anecdotes
      4. Making inappropriate or mocking religion related gestures
      5. Making offensive comments or asking questions about someone's religion, creed, or a person’s choice to abstain from religiosity

   5. Harassment based on age (40 or older). Examples include, but are not limited to:

      1. Sending inappropriate letters, notes, texts, or e-mails or displaying inappropriate age-related images in the workplace
      2. Telling inappropriate jokes or sharing inappropriate age-related anecdotes
      3. Making inappropriate or mocking age-related gestures
      4. Determining and assigning tasks or duties based on a person’s age
      5. Staring in an inappropriate or offensive manner
      6. Inappropriate touching, including pinching, patting, rubbing, or purposefully providing unwanted assistance
      7. Making offensive age-related comments or inappropriately asking questions about someone's age

   6. Harassment based on genetic information. Examples include, but are not limited to:

      1. Unlawfully obtaining or sharing genetic information, as well as any information related to it with others in the workplace
      2. Sending inappropriate letters, notes, texts, or e-mails related to genetic information or displaying inappropriate images in the workplace related to genetic information
      3. Making offensive comments or asking questions about someone's genetic information or related medical condition, history of a medical condition, and/or whether they are a person with a disability

3. Inappropriate conduct: Inappropriate conduct is also covered and is a separate, broader category of misconduct that may not meet the definition of harassment listed above. This type of conduct, though inappropriate and covered under this policy, may not constitute harassment under the law. Inappropriate conduct includes any comments or conduct that disparages or demonstrates hostility or aversion towards any person that could reasonably be perceived as disruptive, disrespectful, offensive, or inappropriate in the workplace. These may also be referred to as microaggressions, as defined above.  Examples include, but are not limited to:

   1. Actions or behaviors that adversely impact Agency operations, productivity, and/or work environment

   2. Rude comments, ridicule, disrespectful jokes, or insults

   3. Inappropriate yelling or emotional outbursts, using expletives, throwing objects, or banging/slamming doors

   4. Inappropriate touching or any form of physical intimidation or aggression (e.g., holding, restraining, impeding, or blocking movement, following, inappropriate contact or advances, bullying, or any other forms of inappropriate touching)

   5. Engaging in a personal relationship with someone in an inherently unequal position where there is a real or perceived authority or influence over the other’s conditions of employment and/or has the ability to directly impact the other’s career progression and not disclosing the relationship and taking steps to mitigate the risk to all parties. This may include formal and informal supervisory relationships³ .

   6. Inappropriate or rude gestures, expressions, pictures, or graffiti

   7. Threats against others or engaging in other threatening behavior

   8. Psychological bullying or intimidation, such as making statements that are false, malicious, disparaging, or derogatory with the intent to hurt another’s reputation

   9. Engaging in behaviors that may have a dampening effect on reporting workplace concerns, such as those that can be perceived as intimidating or retaliatory against individuals who report concerns or participate in an administrative inquiry or other protected activity

Reporting an Allegation of Harassment or Inappropriate Conduct

The Civil Branch’s Role and the Office of Equity, Diversity, and Inclusion’s Role 

The Civil Branch

The Office of Equity, Diversity, and Inclusion

Bystander to Harassment or Inappropriate Conduct

Management and Contracting Officer’s Representatives (CORs)

1. Contact the reporting party to conduct an initial review to determine if an administrative inquiry is required and provide them with information about NIH wellness and conflict resolution resources. If the reporting party chooses to remain anonymous, Civil staff will proceed with the next steps to the greatest extent possible given the information available.
2. Notify the ICO Executive Officer or the most appropriate management official and the servicing OHR Employee and Labor Relations Specialist of the nature of the allegations and other appropriate information.
3. Review all the initial documentation to determine if an administrative inquiry is required. If they determine the matter would be more appropriately handled by a partner organization, Civil Specialists will notify the appropriate management official and involved parties and provide a referral to the most appropriate resource(s). Those resources may include:

• IC Management
• Office of the Ombudsman, OD
• Employee and Labor Relations, WRD, OHR
• Office of Intramural Training and Education, OIR
• Employee Assistance Program, DOHS, ORS
• Division of Police, Office of Security and Emergency Response (SER), ORS

4. For cases requiring further review, Civil Specialists will notify ICO Executive Officer or the most appropriate management officials and initiate a more in-depth administrative inquiry. The purpose of an inquiry is to ensure allegations are examined objectively and any inappropriate behavior is curtailed quickly through appropriate corrective action. The type of administrative review can take on a variety of characteristics depending on the nature and complexity of the allegations:

• Internal administrative inquiries conducted by Civil staff should typically be initiated within ten (10) business days from receiving the allegation absent extenuating circumstances. Civil has the responsibility and discretion to determine the type of review that may be required to ensure a thorough, objective examination of the allegation to determine if inappropriate conduct has occurred.
• External administrative inquiries conducted by a contract investigator will be initiated if the situation is confounding or has a large, complex scope or potential impact. Civil staff will notify the ICO Executive Officer or the most appropriate management official that the inquiry will be conducted by a third party and obtain approval for funding. The external inquiry should be conducted expeditiously and the timeframe for completion will vary depending on circumstances, e.g., lead time for retention of a contract investigator.
• Many factors contribute to the time it takes to complete an inquiry, including obtaining statements from multiple staff members, scheduling interviews with multiple staff members, analyzing all the information collected, and coordinating with the appropriate management officials and stakeholders on next steps.
• The process can be uncomfortable and stressful for some and participants are encouraged to ensure they understand the process, comply with their responsibilities under this Manual Chapter, and utilize NIH resources outlined in Section G. to assist them in the process. Participants are to be mindful that all communication with others, including Civil staff, throughout this process will be considered in the findings and maintained as part of the case file.

5. Civil staff will review the documentation to determine if a preponderance of evidence (evidence which shows that the fact to be proven is more probable than not) supports that a violation of this policy has occurred.
6. Upon completion of the administrative inquiry, the ICO Executive Officer or the most appropriate management official will be notified, and a close-out notification will be sent to the reporting party and the subject of the allegation informing them that the Civil process is complete. If a violation of this Manual Chapter or other workplace issues are identified, they will be referred to the ICO Executive Officer and the OHR Employee and Labor Relations Branch to address.
7. When a Government contractor is involved, the preceding steps will include the COR and the contracting company as appropriate. If the situation involves only contractors, then the contracting company may take the lead on the inquiry but must provide findings and subsequent action to the COR, who will then provide the information to Civil.

Corrective Administrative Action 

Communicating Outcomes to Reporting Parties

1. The Director, NIH, is the Agency Responsible Official for:
   1. developing the NIH policy for preventing and addressing harassing conduct in the workplace; and
   2. ensuring resources are allocated to promote a safe and civil organizational culture in all NIH-supported workplaces and scientific meetings to create an environment where all individuals are treated with respect and dignity.
2. The Principal Deputy Director, NIH, is responsible for:
   1. developing the NIH policy for preventing and addressing harassing conduct in the workplace;
   2. ensuring resources are allocated to promote a safe and civil organizational culture in all NIH-supported workplaces and scientific meetings to create an environment where all individuals are treated with respect and dignity; and
   3. holding ICO leadership accountable if they do not coordinate fully with Civil or they fail to implement the recommended corrective administrative action in full.
3. The Deputy Director for Management (DDM), NIH, is responsible for:
   1. oversight of the Civil Branch;
   2. ensuring all federal and nonfederal staff (including trainees and fellows) successfully complete the Prevention of Sexual Harassment (POSH) training as required, and to carry out their duties as listed below;
   3. ensuring that all individuals at NIH facilities are provided information on the NIH harassment and workplace violence policies and procedures;
   4. serving as the primary contact for ICOs in response to allegations raised to them by Civil;
   5. partnering with Civil with the objective of ensuring that all administrative inquiries and subsequent corrective administrative action are appropriate and consistent with similar cases across the NIH; and
   6. seeking to ensure that managers and supervisors report allegations of harassment as soon as possible and that they cooperate fully with Civil on related inquiries and corrective administrative action to address matters appropriately.
4. Managers and Supervisors are responsible for:
   1. working to prevent and address harassment and inappropriate conduct in the workplace, promoting a safe and civil organizational culture, and creating an environment where all individuals are treated with respect and dignity;
   2. arranging for thorough and appropriate pre-hire reference screening to be performed, including effective completion of reference checks, and utilizing behavioral-based interview questions;
   3. ensuring all federal and nonfederal (including trainees and fellows) staff successfully complete the Prevention of Sexual Harassment (POSH) training as required;
   4. reporting any allegations of harassment to Civil as soon as they become aware or no more than 2 business days after becoming aware, and being aware that they cannot keep allegations regarding harassment or workplace violence confidential;
   5. coordinating closely with Civil and the servicing Employee and Labor Relations staff to appropriately address allegations of harassment or inappropriate conduct in a timely manner;
   6. promptly issuing interim action for direct reports involved in inquiries, including instructing them to move temporarily, participate in climate surveys, and inquiries, rearrange schedules, provide cease and desist instructions, or otherwise instruct staff in line with guidance from the servicing Employee and Labor Relations or Civil staff;
   7. ensuring Civil staff are kept abreast of all corrective action recommended and implemented in a timely manner;
   8. cooperating promptly and fully with Civil during internal and external administrative inquiries to look into allegations of harassment;
   9. being cognizant of situations that have the potential to escalate conflict and promptly addressing them with all concerned parties;
   10. cooperating promptly with the Office of Intramural Training and Education (OITE) on all Civil cases involving trainees and providing information about and encouraging intramural trainees to utilize OITE resource;
   11. providing information about and encouraging staff to utilize the resources offered by such organizations as Civil, Employee Assistance Program, and the Office of the Ombudsman; and
   12. ensuring that staff have time and opportunity to attend training for understanding and responding to harassment and inappropriate conduct.
5. All federal employees, non-federal workers, contractors, and individuals on NIH owned or leased property, including extended visitors are responsible for:
   1. conducting oneself in a manner that promotes and facilitates a safe and civil organizational culture, and an environment where all individuals are treated with respect and dignity;
   2. promptly reporting if they believe they have experienced or have witnessed harassment, inappropriate conduct, threats, intimidating or bullying behavior to appropriate authorities (such as their supervisory chain of command, the contractor company, Civil, EDI, or the NIH police);
   3. cooperating fully in administrative inquiries of allegations of harassment and inappropriate conduct;
   4. respecting the integrity of the process by truthfully and accurately participating in all inquiries and not discussing the content of inquiries with peers;
   5. being aware that they cannot ask or expect an NIH manager or supervisor to keep their allegations regarding harassment or workplace violence confidential, even if the manager or supervisor is a mentor or otherwise outside of the employee’s chain of command; and
   6. reporting any restraining orders and other protective court orders to Civil or the NIH Police so assistance can be offered, safety measures can be implemented at the work site; and if a contractor or company that employs them, ensuring compliance with all Department of Labor (DOL) and Equal Employment Opportunity Commission (EEOC) statutory requirements as well as adherence to Federal Acquisition Regulation clause 52.222-26 Equal Opportunity.
6. The Civil Branch, Workforce Relations Division (WRD), Office of Human Resources (OHR), is responsible for:
   1. overseeing administrative inquiries into all allegations involving potential harassment or inappropriate conduct as defined above;
   2. assessing the urgency and whether there is a need for intervention or assistance from other NIH resources to address an allegation, including answering questions, giving advice, and making referrals as needed;
   3. ensuring appropriate post-incident response;
   4. following up with ICO to ensure necessary steps, action, and closure;
   5. providing regular updates on case data to NIH leadership to ensure proper program oversight;
   6. maintaining the official Civil records; and
   7. serving as the initial contact point with external organizations interested in the program.
7. The Employee and Labor Relations Branch (ELRB), WRD, OHR, OM, OD:
   1. collaborating with Civil staff and ICO management officials to advise on and assist with interim remedial actions during the administrative inquiry process and ensuring timely implementation of corrective actions once the inquiry is complete; and
   2. ensuring Civil staff are kept abreast of all corrective action recommended and implemented in a timely manner.
8. Contracting Officer Representatives (CORs) are responsible for:
   1. working to prevent and address harassment and inappropriate conduct in the workplace, promoting a safe and civil organizational culture, and creating an environment where all individuals are treated with respect and dignity;
   2. ensuring all contract staff successfully complete the mandatory annual Anti-Harassment/ training as required;
   3. promptly reporting any allegations of harassment to Civil when they become aware and being aware that they cannot keep allegations regarding harassment or workplace violence confidential. promptly cooperating fully with Civil during administrative inquiries to look into allegations, keeping them abreast of the contract company’s response and findings;
   4. being cognizant of situations that have the potential to escalate conflict and promptly addressing them with all concerned parties; and
   5. providing information about and encouraging all contract staff to utilize the resources offered by such organizations as Civil, Employee Assistance Program, and the Office of the Ombudsman.
9. The NIH Office of Intramural Training & Education (OITE), Office of Intramural Research (OIR), is responsible for:
   1. providing agency-wide leadership and guidance on issues relating to the intramural training environment and communicating concerns to the Deputy Director of Intramural Research;
   2. coordinating with Civil and ICO leadership on all cases involving trainees;
   3. working with Employee and Labor Relations and ICO leadership to address trainee issues, including but not limited to, ICO Training and Clinical Directors, Executive Officers, and Scientific or Deputy Scientific Directors, as appropriate;
   4. offering comprehensive training and individual guidance to trainees in their personal and professional development, and requiring that responsible conduct and the reporting of inappropriate conduct is clearly articulated and promoted across all development platforms; and
   5. providing information to intramural trainees about the resources offered by Civil, Employee Assistance Program and the Office of the Ombudsman.
10. The Office of Equity, Diversity, and Inclusion (EDI), OD, is responsible for:
    1. providing agency-wide leadership and guidance on issues of equal employment opportunity, diversity, and inclusion;
    2. oversight of all discrimination complaints filed under 29 CFR Part 1614;
    3. notification to Civil of complaints of discrimination that allege harassment;
    4. providing appropriate guidance and processing assistance on reasonable accommodation matters to NIH employees and managers in order to remove barriers for individuals with disabilities;
    5. providing training and guidance to the NIH community on their rights and responsibilities in regard to EEO laws and policies;
    6. promoting a diverse and inclusive working environment where individuals are treated equitably and valued for their individuality;
    7. promoting accessibility in the physical and digital workspace, and ensuring individuals with disabilities are free from harassment and inappropriate conduct;
    8. examining employment policies, procedures, and practices to identify employment barriers to EEO;
    9. eliminating identified barriers to EEO; and
    10. providing guidance to managers as appropriate, and when requested, on how to address allegations of unlawful harassment as a result of a legally protected basis.

1. The Employee Assistance Program (EAP) within the Occupational Medicine Service (OMS), Division of Occupational Health and Safety (DOHS), Office of Research Services (ORS), OD, provides:
   1. confidential, neutral, and personalized consultation, short-term counseling, crisis intervention, referral and follow up services to all members of the NIH workforce to enhance personal and professional wellbeing;
   2. training on a variety of topics such as Emotional Intelligence, Resiliency, Stress Management, Managers Workshops, Work/Life Balance, and Workplace Communication to educate and inspire workgroups to create a healthier, safer, and more productive workplace;
   3. a full range of onsite crisis intervention services to individuals and workgroups impacted by traumatic events;
   4. behavioral health expertise, guidance, and support to assist managers successfully navigate complex workplace situations; and
   5. information to intramural trainees about the resources offered by OITE.
2. The Office of the Ombudsman provides:
   1. confidential, informal, and neutral assistance to all members of the NIH community to address workplace or lab-related conflicts and communication challenges;
   2. consultation, coaching, and facilitation services to individuals, groups, and organizations;
   3. workshops and presentations to the NIH community on conflict resolution, conflict management, negotiation, communication, and other topics aimed to prevent and mitigate workplace concerns; and
   4. information and support for Principal Investigators, trainees, and other intramural research staff regarding scientific collaboration and authorship disputes.

For more information about the following references, please call Civil at 301-402-4845 or refer to the NIH Civil website - https://hr.nih.gov/working-nih/civil.

1. Title VII of the Civil Rights Act of 1964
2. 29 CFR Part 1614 – Federal Sector Equal Employment Opportunity
3. Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government
4. Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation
5. What You Should Know About EEOC and Enforcement Protections for LGBT Workers
6. HHS Anti-Harassment Policy (April 17, 2017)
7. https://www.edi.nih.gov/
8. https://www.edi.nih.gov/policy/statutes
9. 45 CFR Part 73, HHS Residual Standards of Conduct
10. 5 CFR Part 2635 - Standards of Ethical Conduct for Employees of the Executive Branch 
11. Department of Labor - Equal Employment Opportunity
12. Federal Acquisition Regulations - 52.222-26 Equal Opportunity
13. NIH Manual Chapter 2300-752-3 - Restricting, Removing and/or Banning Individuals from NIH Work Places
14. NIH Manual Chapter 1743, Keeping and Destroying Records
15. 5 CFR Part 752 – Adverse Actions   
16. OPM Guide on Responding to Domestic Violence: Where Federal Employees Can Find Help