THE SECRETARY OF EDUCATION

WASHINGTON, DC 20202

November 6, 2023 

MEMORANDUM TO ALL DEPARTMENT EMPLOYEES

SUBJECT: Anti-Harassment Policy Statement 

The U.S. Department of Education’s (ED’s) Anti-Harassment Policy Statement reaffirms our 

commitment to prohibiting sexual and other forms of discriminatory harassment in the 

workplace. Each employee, applicant, and contractor, as well as anyone doing business with 

ED, is entitled to be treated with dignity and respect and to engage in a work environment that is 

free of harassment. Therefore, ED has implemented a zero-tolerance policy for discrimination 

and harassment based on race, color, age, national origin, sex, transgender status, gender identity, 

sexual orientation, pregnancy, religion, disability, genetic information, or reprisal for engaging in 

protected activity, including Equal Employment Opportunity (EEO) activity. ED’s policy also 

protects against harassment based on parental status, political affiliation, marital status, and other 

non-merit-based factors to provide for a work environment free from all forms of harassment. 

Violations of ED’s Policy prohibiting discrimination and harassment, could result in disciplinary 

action, up to and including removal from their assigned federal appointment. 

Unlawful Harassment is any unwelcome conduct based on any characteristic protected by law or 

policy when the behavior can reasonably be considered to adversely affect the work environment 

and/or an employment decision that affects the employee is based upon the employee’s 

acceptance or rejection of such conduct.

• Harassing conduct may include, but is not limited to: severe or pervasive bullying, slurs, 

derogatory or disrespectful remarks, spreading rumors, swearing, jokes, obscenities, 

incessant teasing, expressing or insinuating threats, threatening assault, and/or hitting, 

punching, other unwanted touching, and malicious or insulting gestures. 

Sexual Harassment is a form of sex discrimination that involves unwelcome sexual advances, 

request for sexual favors, or other verbal or physical conduct of a sexual nature when: (1) 

submission to or rejection of such conduct is made either explicitly or implicitly a term or 

condition of one’s employment; (2) submission to or rejection of such conduct by a person is 

used as a basis for career or employment decisions affecting that person; or (3) such conduct 

interferes with an individual’s performance or creates an intimidating, hostile, or offensive work 

environment. 

• Such behavior may include: disrespectful or abusive behavior, swearing, teasing, 
insensitive or inappropriate jokes and/or touching, pressure or bullying for dates, 

psychological and/or physical intimidation.

Both supervisors and employees bear responsibility for maintaining a work environment free 

from discrimination and harassment. All employees and contractors, as well as anyone doing 

business with ED, shall be responsible for acting professionally and refraining from harassing 

conduct. 

Employees, contractors, or anyone doing business with ED, who believe they have been 

subjected to harassment in violation of the Agency’s Policy may obtain more information, or 

submit a complaint by contacting the Agency’s Harassment Prevention Coordinator (Labor and 

Employee Relations Division, Office of Finance and Operations) at EDAntiHarassmentProgram@ed.gov. ED will promptly conduct a thorough and impartial inquiry. ED 

will begin the inquiry no later than 10 days of receipt and will complete the inquiry within 60 

days or less. Immediate and appropriate corrective action will be taken when it is confirmed 

through the fact-finding process that harassment or inappropriate behavior has occurred. 

Should an employee choose to report the alleged incident of harassment to his or her manager or 

supervisor within his or her chain of command, and the alleged harasser’s chain of command, 

then all those involved in this process who become aware of the allegation are required to 

address the allegation in a prompt and impartial manner, ensure the allegation is kept 

confidential to the greatest extent possible, and take appropriate steps to prevent the involved 

employees and, if applicable, witnesses from being subjected to retaliation. An initial allegation 

of harassment may be made orally or in writing and contain the name of the alleged harasser, the 

relevant facts, the date of the incident, and the names of any witnesses. The manager or 

supervisor on notice of an alleged incident of harassment must report the incident to the 

Agency’s Harassment Prevention Coordinator.

In addition to filing a complaint with the Harassment Prevention Coordinator, employees who 

believe they have been subjected to illegal discrimination and/or harassment on the basis of race, 

color, age, national origin, sex, transgender status, gender identity, sexual orientation, pregnancy, 

religion, disability, genetic information, or retaliation for opposing discriminatory practices, 

and/or participating in the discrimination complaint process may also file an EEO Complaint by 

contacting the Office of Equal Employment Opportunity Services, Office of Finance and 

Operations, by e-mail at OFO_eeos@ed.gov or by telephone at (202) 401-3560. Note that any 

such complaints must be submitted within 45 calendar days of the alleged discriminatory 

event(s). 

In accordance with the U.S. Equal Employment Opportunity Commission’s (EEOC) regulations 

and guidelines, and the Administrative Dispute Resolution Act of 1996, ED promotes the use of 

the alternative dispute resolution (ADR) process to resolve workplace disputes before the 

disputes advance to a formal complaint stage. The ADR process is used to resolve a wide range 

of workplace disputes, including, but not limited to, EEO, and grievance-related matters, in a 

cooperative, cost-effective, and timely manner. All employees are strongly encouraged to 

cooperate and engage in the ADR process. Participation in the ADR process is voluntary for a 

complainant in an EEO matter. For additional information on the ADR process, please contact 

the ADR Center, Office of Finance and Operations, by e-mail at adr_center@ed.gov or by 
telephone at (202) 245-7520. 

It is imperative that supervisors and managers take proactive measures to prevent harassment 

from occurring and to stop harassment before it becomes severe or pervasive. Managers and 

supervisors should contact the Agency’s Harassment Prevention Coordinator for further 

guidance in addressing allegations of harassment. 

The Department of Education is committed to ensuring a workplace environment free of 

harassment of any kind. I ask that all employees join me in implementing and communicating 

ED’s Anti-Harassment Policy Statement. 

Miguel A. Cardona, Ed.D.