**BONNEVILLE POWER ADMINISTRATION**

**HUMAN RESOURCES**

**Portland, Oregon**

**PERSONNEL LETTER NO. 752-3 (Revised) DATE:** April 25, 2003

**SUBJECT:** Harassment-Free Workplace Guidance

**I. PURPOSE OF ISSUANCE**

This Personnel Letter provides guidance for applying the Bonneville
Power Administration's (BPA's) Harassment-Free Workplace Policy.

**II. PURPOSE OF REVISION**

This Personnel Letter is revised to establish consistent wording between
this Personnel Letter and BPAM 400/700A, Appendix A, Harassment-Free
Workplace. This Personnel Letter replaces Personnel Letter 752-3, dated
December 13, 2002

**III. BACKGROUND AND REFERENCES**

BPA's Harassment-Free Workplace Policy is found in BPAM 400/700A,
Appendix A, a copy of which is located in Attachment A of this letter.
It is BPA's policy is to have a harassment-free work environment where
people treat one another with respect. The policy applies to all
allegations of harassment and covers all persons in the BPA work
environment, including areas in and around facilities owned or leased by
BPA. BPA strives to establish and maintain a work environment in which
all interactions among people are characterized by mutual respect, so
that differences and any resulting conflicts are handled appropriately.
Additional guidance for managers in applying the Policy has been
incorporated into the Management Assistance Services (MAS) Handbook.

**IV. RESPONSIBILITIES**

A.  **[BPA]{.underline}** is responsible for providing procedures and
    guidance to implement this policy. The guidance in this Personnel
    Letter meets this responsibility.

B.  **[BPA Managers]{.underline}** are accountable for:

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1.  Taking action to establish and maintain a work environment where
    people treat one another with respect;

2.  Maintaining a workplace free of harassment;

3.  Taking immediate action when harassment is reported (i.e., to stop
    the harassment, protect people targeted by harassers, and take all
    reasonable steps to ensure that no further harassment or retaliation
    occurs);

4.  Initiating fact-finding, when necessary;

5.  Taking appropriate action to resolve allegations of harassment;

6.  Taking appropriate action to "heal" the workplace during or after
    the disposition of a harassment complaint; and

7.  Conducting structured discussions with their staffs annually
    regarding the harassment policy and prevention program.

C. **[Personnel Services]{.underline}**, through the Employee Relations
staff, is responsible for:

1.  Providing guidance in handling allegations of harassment;

2.  Collaborating with other service providers, when appropriate;

3.  Providing guidance to managers on appropriate administrative action
    that could be taken, including disciplinary action; and

4.  Providing employee assistance to assist in "healing" the workplace
    during or after the disposition of a harassment complaint.

D. **[Human Resources, Diversity, and EEO]{.underline}** is responsible
for:

1.  Developing and issuing related policy;

2.  Providing guidance in handling of allegations of harassment, when
    brought to the attention of EEO staff;

3.  Administering the discrimination complaint system to handle
    allegations of harassment that are raised under Title VII of the
    Civil Rights Act; and

4.  Collaborating with other service providers, as appropriate.

E. **[Audit staff]{.underline}** is responsible for conducting an
independent review of BPA's Harassment-Free Workplace program every 3
years, or as directed by executive management.

F. **[Legal Services]{.underline}** is responsible for:

1.  Providing legal advice regarding allegations of harassment; and

2.  Coordinating the use of internal or external resources that may be
    used to gather facts.

G. **[Employee Assistance]{.underline}** is responsible for providing
professional counseling.

H. **[EEO Counselors]{.underline}** are responsible for handling
allegations of harassment raised to them under Title VII's pre-complaint
stage and under BPA's Non-Discrimination Policy.

I. All persons in the BPA work environment must take personal
responsibility for maintaining conduct that is professional and
supportive of the work environment envisioned under the policy.
**[Employees and Contractors]{.underline}** are responsible for:

1.  Refraining from harassing behavior;

2.  Taking personal action to resolve any instances of harassing
    behavior that affects them;

3.  Resolving harassment issues in as timely a manner as practicable;

4.  Participating cooperatively in any fact-finding concerning a
    complaint of harassment; and

5.  Promptly notifying management officials of harassing behavior if
    they are unable to get the accused to discontinue harassing
    behavior.

**V. DEFINITION OF HARASSMENT**

A.  [Harassment under BPA's Harassment-Free Workplace
    Policy]{.underline}. BPA's Policy defines harassment as any
    unwelcome, inappropriate, non-job-related conduct, including
    retaliation, that causes a person to feel threatened, intimidated,
    or distressed in the BPA work environment. It includes making false
    accusations of harassment with the intent of harming someone else.

> Conduct is harassing under BPA's policy if all three of the following
> conditions are met. It must be:

1.  Unwelcome,

2.  Inappropriate, ***and***

3.  Non-job-related.

> **Note:** if conduct is job-related, it is not harassment, as long as
> the conduct is a part of successful job performance.
>
> In addition, the perceiver of the behavior must feel at least one of
> the following:

1.  Threatened,

2.  Intimidated, ***or***

3.  Distressed.

B. [Harassment under Title VII (EEO law)]{.underline}. Harassment under
Title VII (EEO law) is included under BPA's Harassment-Free Workplace
Policy, but not all harassing conduct is covered by Title VII.
Harassment covered under Title VII is a voluntary, employee-initiated,
statutory process for resolution through EEO complaint procedures.
Individuals must contact an EEO counselor within 45 calendar days of the
alleged discrimination event if they wish to pursue the alleged
harassment incident under the Title VII procedures. Definitions of
harassment under Title VII (EEO law) are as follows:

1\. [Sexual Harassment]{.underline}. A form of harassment that is
defined by the Equal Employment Opportunity Commission (EEOC) as any
unwelcome sexual advances, requests for sexual favors, or any other
verbal or physical conduct of a sexual nature when:

a.  Submission to such conduct is explicitly or implicitly made a term
    or condition of employment;

b.  Submission or rejection of the conduct is used as a basis for any
    employment decision; or

c.  The conduct has as its purpose or effect the unreasonable
    interference with the work environment, or the creating of a
    hostile, abusive, intimidating, or offensive work environment.

> Sexual harassment is categorized as either "quid pro quo" or "hostile
> environment."
>
> Quid pro quo is the form of sexual harassment that requires the
> individual to perform some sexual act as a term or condition of
> his/her employment (e.g., offering an employee a promotion for sexual
> favors).
>
> Hostile environment sexual harassment concerns the environment that
> the claimant is subjected to at his/her place of employment. To create
> a sexually hostile environment, the conduct must meet two
> requirements: (1) it must be subjectively perceived as abusive by the
> person(s) affected; and (2) it must be objectively severe or pervasive
> enough to create a work environment that a reasonable person would
> find hostile or abusive. To determine whether behavior is severe or
> pervasive enough to create a hostile environment, courts consider the
> following factors:

a.  The frequency of the unwelcome discriminatory conduct;

b.  The severity of the conduct;

c.  Whether the conduct was physically threatening or humiliating, or a
    mere offensive utterance;

d.  Whether the conduct unreasonably interfered with work performance;

e.  The effect on the employee's psychological well-being; and

f.  Whether the harasser was a superior in the organization.

> All these factors are relevant\--no single factor is required to
> establish that there is a hostile environment. Relatively trivial,
> isolated incidents generally do not create a hostile work environment.

2\. [Under Title VII (Non-Sexual)]{.underline}. When an individual is
subject to a work environment which is permeated with intimidation,
ridicule, and insult that is (a) based on unlawful discrimination
because of the individual's race, gender, color, national origin,
religion, age (40+) or physical/mental disability, and (b) sufficiently
severe or pervasive to alter the conditions of the individual's
employment and create an abusive working environment.

More information on harassment under Title VII can be obtained from the
Human Resources, Diversity and EEO Office (503-230-4725).

**VI. OPTIONS FOR RAISING ALLEGATIONS OF HARASSMENT**

Individuals who believe they have been harassed or retaliated against,
or who believe a false accusation of harassment has been made explicitly
for the intent of harming someone else, should exercise one or more of
the following options as soon as possible:

A. Tell the harasser how you feel and ask the person to stop the
offensive conduct; and/or

B. Tell a manager or supervisor about the conduct and how you feel about
it; and/or

C. Seek support directly from any of the following service providers:

1\. Union (contact the Labor Relations staff for names of union
officials).

2\. Employee Assistance (professional counseling, information/referral)\
(503-287-8043 or 1-800-422-8043).

3\. EEO Counselors (the Federal Discrimination Complaint System)
(Posters located on each floor at HQ, the major field offices, and Ross
Complex). Contact Counselors at 1-800-631-1931.

4\. Mediation Services (mediation may be available to help resolve
conflict). Contact the Conflict Information/Referral Line (503)
230-5126, an EEO Counselor, or a management official for more
information.

5\. Human Resources, Diversity and EEO Office (503-230-4725).

6\. Higher Level Management.

7\. DOE Office of Civil Rights/Sexual Harassment Hotline (202-586-2220).

D. In situations where there is a potential for violent and threatening
behavior, see BPA Personnel Letter 752-2 for instructions and
precautions.

**VII. RIGHTS OF THE ACCUSED**

The accused has the right to be informed of a harassment complaint as
soon as practicable. However, the supervisor/manager is not required to
inform the accused of the individual's concern at that time, or take any
other action, if the manager determines that:

> A. The individual is not making a complaint; ***[and]{.underline}***

A.  It is reasonably clear to the manager that the conduct does not fall
    under the policy's

> definition of harassment (i.e., the behavior is not unwelcome,
> inappropriate; **and**
>
> non-job-related, and the perceiver of the behavior is not threatened,
> intimidated **or**
>
> distressed.)

See Attachment B for more detailed information regarding the rights of
the accused to access information.

**VIII. MANAGEMENT ACTION IN RESOLVING AN ALLEGATION OF HARASSMENT**

A.  When an allegation of harassment is brought to the attention of a
    supervisor/ manager, he/she is responsible for taking *[immediate
    action]{.underline}* to:

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1.  Stop the harassment;

2.  Protect people targeted by harassers; and

3.  Take all reasonable steps to insure that no further harassment or
    retaliation occurs.

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A.  The manager should consult with Employee Relations or EEO staff, as
    appropriate, for guidance in handling allegations or observations of
    harassment. Chapter 7 of the Management Assistance Services (MAS)
    Handbook (accessible on Personnel Service's web page) contains
    detailed guidance for managers regarding:

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1.  The immediate steps for managers to take upon having a harassment
    complaint brought to their attention;

2.  Options for dealing with a complaint;

3.  Fact-finding;

4.  Evaluation of the facts;

5.  Continuing communication with the alleged victim and the accused;

6.  Consequences for the harasser; and

7.  Resolution after appropriate action has been taken.

See BPA Personnel Letter 752-2 and Chapter 14 of the MAS Handbook for
instructions to follow and precautions to take in situations where there
is a potential for violent, threatening, and bizarre behavior. In
determining appropriate action/consequences for harassing behavior, see
BPAM 400/700A, BPA Personnel Letter 752-1, and the MAS Handbook, Chapter
3.

**IX. TRAINING AND PROGRAM EVALUATION.**

A. [New Manager Training]{.underline}. New managers should receive
detailed information regarding their responsibilities and the roles
played by service providers to assist the manager, the alleged victim,
and the accused. Pending attendance at such training, higher-level
managers should discuss responsibilities with a new manager as soon as
possible following entry into the managerial position.

B. [Annual Discussion with Employees]{.underline}. Managers should
conduct structured discussions with their staffs annually regarding the
harassment policy. Materials needed for this purpose will be developed
annually by service providers and distributed to all managers. The
material should also emphasize the accountability of managers for
administering the policy and taking required actions.

C. [Reporting and Evaluation]{.underline}. An annual report on the
Harassment-Free Workplace Policy that includes statistical data and an
assessment of program effectiveness will be issued. The Audit staff
shall complete an independent review of the program every 3 years, or as
directed by executive management.

Godfrey C. Beckett

Manager, Human Resources, Diversity and EEO

2 Attachments

**BONNEVILLE POWER ADMINISTRATION POLICY**

HARASSMENT-FREE WORKPLACE

+-----------+----------------------------------------------------------+
| *         | The Bonneville Power Administration's (BPA) policy is to |
| *POLICY** | have a harassment-free work environment where people     |
|           | treat one another with respect. (Complete guidance on    |
|           | this policy is contained in the MAS Handbook.)           |
+-----------+----------------------------------------------------------+
|           |                                                          |
+-----------+----------------------------------------------------------+
| **ACTION  | Managers and supervisors, both Federal and non-Federal,  |
| R         | have the primary responsibility for creating and         |
| EQUIRED** | sustaining this harassment-free environment (by example, |
|           | by job supervision, by coaching, by training, by         |
|           | contract enforcement, and by other means). But all       |
|           | persons in the BPA work environment must take personal   |
|           | responsibility for maintaining conduct that is           |
|           | professional and supportive of this environment.         |
|           | Managers and supervisors must take immediate action to   |
|           | stop harassment, to protect the people targeted by       |
|           | harassers, and to take all reasonable steps to insure    |
|           | that no further harassment or retaliation occurs.        |
+-----------+----------------------------------------------------------+
|           |                                                          |
+-----------+----------------------------------------------------------+
| **        | The BPA work environment includes areas in and around    |
| LOCATIONS | facilities owned or leased by BPA, including food        |
| COVERED** | service and other service areas (e.g., credit unions and |
|           | other commercial/vendor areas); and it includes          |
|           | government vehicles, employee fitness centers and break  |
|           | locations, and any other areas or conveyances where BPA  |
|           | employees work or where work-related activities occur,   |
|           | including official travel.                               |
+-----------+----------------------------------------------------------+
|           |                                                          |
+-----------+----------------------------------------------------------+
| **DEF     | BPA defines harassment as any unwelcome, inappropriate,  |
| INITION** | non-job-related conduct, including retaliation, which    |
|           | causes a person to feel threatened, intimidated, or      |
|           | distressed in the BPA work environment. This includes    |
|           | making false accusations of harassment with the intent   |
|           | of harming someone else. By "non-job-related", BPA means |
|           | the conduct is not a part of successful performance of   |
|           | assigned duties.                                         |
+-----------+----------------------------------------------------------+
|           |                                                          |
+-----------+----------------------------------------------------------+
| **E       | Examples of harassment include, but are not limited to:  |
| XAMPLES** |                                                          |
|           | **Physical conduct:** Unwelcome touching; standing too   |
|           | close; leering or threatening staring or glaring;        |
|           | obscene, threatening, or offensive gestures.             |
|           |                                                          |
|           | **Verbal or written conduct:** References to private     |
|           | body parts; derogatory or demeaning comments, jokes or   |
|           | personal questions; sexual innuendoes; offensive remarks |
|           | about race, gender, religion, age, ethnicity, sexual     |
|           | orientation, political beliefs, marital status, veteran  |
|           | status, union membership, or disability; obscene letters |
|           | or telephone calls, catcalls; whistles; sexually         |
|           | suggestive sounds; loud and abusive comments.            |
|           |                                                          |
|           | **Visual or symbolic conduct:** Display or pictures of   |
|           | nude, scantily clad or offensively clad people; display  |
|           | of intimidating religious, political, or other symbols;  |
|           | display of offensive, threatening or demeaning drawings, |
|           | cartoons or other graphics; offensive T-shirts, coffee   |
|           | mugs, bumper stickers, or other articles.                |
+-----------+----------------------------------------------------------+
|           |                                                          |
+-----------+----------------------------------------------------------+
| **        | Individuals who believe they are being harassed or       |
| OPTIONS** | retaliated against should exercise any one or more of    |
|           | the following options as soon as possible:               |
|           |                                                          |
|           | **Tell** the harasser how you feel and ask the person to |
|           | stop the offensive conduct; and/or                       |
|           |                                                          |
|           | **Tell** a manager or supervisor about the conduct and   |
|           | how you feel about it; and/or                            |
|           |                                                          |
|           | **Call** the confidential Employee Assistance Hotline    |
|           | for alternatives on how to deal with the situation.      |
+-----------+----------------------------------------------------------+
|           |                                                          |
+-----------+----------------------------------------------------------+
| *         | In addition, if you are a BPA employee, you may seek     |
| *INTERNAL | help from Employee Assistance, an EEO counselor, your    |
| SUPPORT** | union steward, or the DOE Office of Civil Rights/Sexual  |
|           | Harassment Hotline. Mediation services may be available  |
|           | to help resolve conflict. Contact the Conflict           |
|           | Resolution Information/Referral Line, EEO counselors, or |
|           | a management official for more information.              |
+-----------+----------------------------------------------------------+
|           |                                                          |
+-----------+----------------------------------------------------------+
| **PE      | BPA staff who engage in harassment will face             |
| NALTIES** | consequences ranging from verbal warnings and letters of |
|           | reprimand up to and including termination from BPA       |
|           | employment, depending upon the seriousness of the        |
|           | misconduct. BPA managers and supervisors who do not take |
|           | action when they know or suspect the harassment is       |
|           | occurring will face the same range of consequences.      |
|           | Contractor staff and other non-Federal personnel who     |
|           | engage in harassment may be subject to comparable        |
|           | penalties from their employers, and a contractor who     |
|           | fails to enforce this policy may have its contract with  |
|           | BPA terminated. Visitors who harass may be removed from  |
|           | a BPA workplace and prevented from returning.            |
+-----------+----------------------------------------------------------+

**Harassment-Free Workplace Policy**

**Rights of the Accused to Access Information**

**[Purpose of Policy]{.underline}**

This supplemental policy is intended to balance the privacy and
information rights of all parties involved. It is also intended to
better ensure the willingness of witnesses and other people interviewed
to provide information and give signed statements to investigators.

**[Rights Under BPA Policy]{.underline}**

If an allegation is made against an employee (an allegation occurs when
a complainant informs any supervisory/management official that he/she
has been the subject of harassment, as defined by BPA policy), the
accused would be contacted as soon as practicable. There are several
options for determining how the accused is informed of the accusation,
e.g., the complainant can meet directly with the accused; request that
the manager or mediator facilitate a meeting with the accused; ask the
manager to deal with the accused without involving the complainant, etc.
(If the complainant decides to deal directly with the accused, the
manager remains responsible for taking all reasonable steps to insure
that no further harassment or retaliation occurs.) Regardless of how the
accused is informed, the accused should be given a detailed description
of the alleged unwanted behavior and made aware of the identity of the
complainant. This is consistent with BPA\'s policy for management
officials [to take action on all allegations of harassment]{.underline}.

However, the supervisor/manager is not required to inform the accused of
an individual's concern, or take any other action, if the manager
determines that:

-   the individual is not making a complaint, *[and]{.underline}*

-   it is reasonably clear to the manager that the conduct does not fall
    under the policy's definition of harassment (i.e., the behavior is
    not unwelcome, inappropriate **and** non-job-related, and the
    perceiver of the behavior is not threatened, intimidated, **or**
    distressed).

Access to information resulting from fact-finding (whether conducted
internally or externally) is limited to those management officials who
must determine the appropriate administrative action, including
disciplinary measures. Should formal disciplinary action be taken, only
those portions of the report that are necessary to support the
disciplinary action will be made available to the accused. Formal
fact-finding is conducted under the supervision of the Legal Service's
staff and reports are maintained in the custody of Legal Service's
Office. This strategy is intended to limit the disclosure of information
provided by interviewees to only those management officials who have a
need to know.

**[Legal Rights]{.underline}**

If a formal disciplinary action is taken (i.e., reprimand, suspension,
reduction in grade or pay, or removal), the employee is entitled under
\"due process\" requirements to the information management relied on as
the basis for the action.

**[Grievance Rights]{.underline}**

Should the employee grieve the formal discipline action, the information
used to support that action is available to the employee and,
ultimately, an arbitrator. It is possible that BPA would be requested to
release other information (e.g., otherwise unreleasable parts of a
fact-finding report) that is not used to support a formal action. Such
information would not be released by BPA to the grievant. If challenged,
BPA would disclose it only to an arbitrator (\"in camera\") to enable
him/her to determine if there was anything in the investigation file
that supports the grievant\'s position and, therefore, warrants
disclosure to the grievant.

**[Appeals Before the Merit Systems Protection Board (MSPB)/Equal
Employment Opportunity Commission (EEOC) and Court Trials]{.underline}**

Discovery (e.g., broad-scale request for all related information in
management\'s possession) is used in preparation for MSPB and EEOC
hearings and court trials. In these situations, a judge could order BPA
to produce the entire investigation report, unless BPA can successfully
assert a privilege to prevent full disclosure.