445 12th Street SW

Washington, DC 20024-2101

202-229-4000

PBGC.gov

April 7, 2023

TO: ALL PBGC Staff

FROM: Gordon Hartogensis 

 Director

SUBJECT: Anti-Harassment Policy Statement

The Pension Benefit Guaranty Corporation (PBGC) policy statement establishes guidelines and 

procedures required by EEO laws that provide protection for a workplace free of all discriminatory 

harassment. The Agency’s anti-harassment policy covers all the protected bases, including race,

color, national origin, sex (including pregnancy, sexual harassment, gender identity, sexual 

orientation, and non-sexual harassment based on sex), religion, age (40 and over), disability 

(mental or physical), family medical history, genetic information, and reprisal. PBGC’s policy

statement also protects against harassment based on parental and marital status. The Agency will 

not tolerate workplace harassment or reprisal against anyone who engages in protected activity 

and is committed to providing an environment where all employees are treated with dignity and 

respect, and free from unlawful discrimination and/or harassment. Reprisal against employees is 

strictly prohibited. It is the Agency’s policy not to tolerate adverse treatment of employees because 

they report harassment or provide information related to such complaints. Agency employees are 

prohibited from retaliating against and/or harassing those who report such conduct or behavior. 

Agency employees found to have engaged in retaliatory conduct or behavior should expect timely 

and appropriate corrective and/or disciplinary action up to removal from the agency. 

The Equal Employment Opportunity Commission (EEOC) defines harassment as unwelcome 

conduct that is based on race, color, national origin, sex (including pregnancy, sexual harassment, 

gender identity, sexual orientation and non-sexual harassment based on sex), religion, age (40 and 

over), disability (mental or physical), family medical history, genetic information, and reprisal. 

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; or

3) The harassing conduct causes a significant change in the employee’s terms, or condition of 

employment. 

Examples of harassing conduct may include but are not limited to:
202-229-4000 445 12th Street SW, Washington, DC 20024-2101 PBGC.gov

• making negative comments about an employee’s personal religious beliefs, or trying to convert 

them to a certain religious ideology;

• using racist slang, phrases, or nicknames

• making remarks about an individual’s skin color or other ethnic traits;

• displaying racist drawings, or posters that might be offensive to a particular group;

• making offensive gestures;

• making offensive reference to an individual’s mental or physical disability;

• sharing inappropriate images, videos, e-mails, letters, or notes of an offensive nature;

• offensively talking about negative racial, ethnic, or religious stereotypes; or

• making derogatory age-related comments.

While isolated incidents of harassment generally do not violate federal law, the goal of the AntiHarassment Policy Statement is to address and eliminate harassing conduct at the earliest possible 

stage, regardless of whether the conduct violated the law. Additionally, the Anti-Harassment 

Policy Statement aims to address and prevent antagonistic situations that violate the dignity of the 

Agency’s employees. It pertains to single or repeated incidents of intimidation, humiliation, 

degradation, bullying, or other undesirable verbal, non-verbal or physical conduct toward one 

person or a group of people. All employees are responsible for exhibiting professional conduct 

and behavior in the workplace and cooperating in the enforcement of this policy. Individuals 

engaging in conduct or behavior that violates this policy may be subject to appropriate disciplinary 

action up to, and including, removal from Federal service. 

To prevent and remedy incidents of workplace harassment, PBGC officials must be made aware 

of the conduct or behavior as soon as possible. 

No single situation constitutes harassment and harassment may be direct or indirect.

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.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other 

verbal or physical conduct of a sexual nature when submission to such conduct is made, either 

explicitly or implicitly, a term or condition of an individual’s employment; submission to or 

rejection of such conduct b, an individual is used as the basis for employment decisions affecting 

such individual; or such conduct has the purpose or effect of unreasonably interfering with an 

individual’s work performance, or creating an intimidating, hostile, or offensive working 

environment. Such conduct may include:

• an employer or supervisor conditioning promotion, job assignments, or other tangible job 

benefits based on acquiescence to unwelcome sexual conduct, or penalizing an individual for 

refusing to participate in such conduct;

• sexist or stereotypical remarks about a person’s clothing, body, appearance, or activities;

• sexually oriented jokes, stories, remarks, or discussions;

• descriptions of sexual acts;
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• posting or displaying sexually graphic pictures anywhere in the workplace;

• deliberately touching, pinching, patting, or giving inappropriate looks to another person;

• pressure for dates or sexual activity;

• unwelcome telephone calls, e-mail messages, social network postings or letters of a sexual 

nature; or

• demands for sexual favors.

In sexual harassment, the harasser may be male or female, and the victim may be of the opposite 

sex or the same sex as the harasser. Even a consensual relationship between the harasser and the 

victim may involve sexual harassment. For example, if the victim agrees to sexual behavior out of 

fear of retaliation, the conduct of the other party may still constitute sexual harassment despite the 

victim’s consent. The focus is on whether the conduct was unwelcome, not consensual.

PBGC will not tolerate the creation of a hostile work environment and will address reported 

workplace harassment promptly. Individuals who believe they are being harassed or subjected to 

a hostile work environment are encouraged to tell the alleged harasser (orally or in writing) to 

stop, keep a record of the events, immediately report the behavior, and cooperate in any inquiry 

regarding allegations of harassment. Retaliation for reporting workplace harassment or for 

assisting in any inquiry concerning a report of harassment is prohibited and will not be tolerated. 

In addition, PBGC is committed to protecting the confidentiality of employees who bring 

harassment claims, to the extent possible.

PBGC employees who believe they have been harassed or have been subjected to a hostile work 

environment should report the matter immediately to their immediate supervisor, another 

management official, PBGC’s Office of Equal Employment Opportunity (OEEO) at (202) 229-

4363, all-EEO-federal@PBGC.gov or PBGC’s Harassment Inquiry Committee (HIC): 

HIC Intake Points of Contact

Paul Chalmers (OGC) – (202) 229-3555

Jaime Kunce (OGC) – (202) 229-3463

Arrie Etheridge (HRD) – (202) 229-3728

Wendy Lawrence (HRD) – (202) 229-3142

Upon receipt of a harassment allegation, the Agency will conduct a prompt, thorough and impartial 

inquiry, if appropriate. The fact-finding inquiry will commence within 10 calendar days of the HIC 

receiving notice of a harassment allegation. Absent extenuating circumstances, an inquiry should 

be completed, a decision reached, and final corrective action taken within 60 calendar days of the 

HIC receiving notice of the allegation. Extenuating circumstances include, but are not limited to, 

a delay in receiving the complainant’s statement or supporting documentation.

Additional information about the HIC Procedures is available on SharePoint at 

http://pbgcgov.sharepoint.com/EEO/Pages/AntiHarassment.aspx
202-229-4000 445 12th Street SW, Washington, DC 20024-2101 PBGC.gov

An employee who reports allegations of harassment or hostile work environment, whether to the 

HIC, a PBGC supervisor/manager, or HRD, has not filed an EEO complaint An employee who 

wishes to file an EEO complaint must contact PBGC’s EEO Office within 45 calendar days of 

the alleged harassing conduct or the date they became aware of the harassing conduct. Failure to 

do so may result in the dismissal of the EEO complaint.

The federal sector EEO discrimination complaint process cannot be initiated by reporting 

harassment or hostile work environment to a supervisor or management official, HRD or 

by contacting the Employee Assistance Program (EAP) or union.

This policy applies to all PBGC employees. Related questions or requests for information should 

be directed to OEEO Director, Brenecia Watson, (202) 229-6868.