U.S. Occupational Safety and Health Review Commission

(OSHRC 17)

ANTI-HARASSMENT

December 6, 2022
TABLE OF CONTENTS

I. PURPOSE.............................................................................................................................. 1

II. AUTHORITIES..................................................................................................................... 1

III. POLICY................................................................................................................................. 1

IV. HARASSMENT .................................................................................................................... 2

V. DEFINITIONS....................................................................................................................... 3

VI. RESPONSIBILITIES ............................................................................................................ 4

A. Employees........................................................................................................................... 4

B. Managers and Supervisors.................................................................................................. 4

C. EEO Director ...................................................................................................................... 4

D. EEO Counselor ................................................................................................................... 5

E. Human Resources Specialist............................................................................................... 5

VII. REPORTING AND INVESTIGATION PROCEDURES .................................................... 5

A. Reporting Allegations of Harassment................................................................................. 5

B. Inquiries into Allegations of Harassment ........................................................................... 6

C. Investigation........................................................................................................................ 7

D. Action to Be Taken Upon Completion of the Investigation ............................................... 7

VIII. CONFIDENTIALITY ........................................................................................................... 7

IX. APPROVAL .......................................................................................................................... 8
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U. S. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

Anti-Harassment

I. PURPOSE

This directive states the U.S. Occupational Safety and Health Review Commission’s (“Review 

Commission”) policy on anti-harassment. This policy is intended to ensure that the Review 

Commission is taking all necessary steps to prevent harassment in the workplace and to correct 

harassment that does occur before it becomes severe or pervasive. Additionally, this directive 

outlines the rights and responsibilities under this policy, identifies the Review Commission 

officials responsible for the investigation of harassment claims, and provides guidance for 

initiating and processing complaints alleging harassment in the workplace.

II. AUTHORITIES

• 29 CFR, Part 1614

• Age Discrimination in Employment Act of 1967

• Americans with Disabilities Act Amendments Act of 2008

• Civil Rights Act of 1991

• Equal Employment Opportunity (EEO) Management Directive 715

• Executive Order 13087

• Rehabilitation Act of 1973 sections 501 and 505

• Title VII of the Civil Rights Act of 1964

• Executive Order 14035 - Diversity, Equity, Inclusion, and Accessibility in the Federal 

Workforce

III. POLICY

It is the policy of the Review Commission to prohibit harassment and to convey that such 

conduct will not be tolerated. Employees are encouraged to report harassment to a supervisor or 

other management official before it becomes severe or pervasive and elevates to the level of a 

hostile work environment. Harassment based on race, color, religion, gender (sexual or nonsexual), national origin, age (40 or older), disability, genetic information, and retaliation is 

prohibited by this policy. This directive is separate and apart from the statutory complaint 

process covering harassment, which is covered under OSHRC’s Equal Employment Opportunity 

(EEO) directive, OSHRC 3. Any harassment complaints arising under EEO should be directed to 

OSHRC’s EEO Director.

Additionally, the Review Commission will not condone any form of retaliation toward employees 

who report incidents of harassment or assist in any inquiry about such a report. This policy 

applies to all employees in their working relationships and to unlawful harassment by anyone in 

the workplace, including harassment by coworkers, supervisors, or non-employees.
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Pursuant to EO 14035, “Diversity, Equity, Inclusion, and Accessibility in the Federal 

Workforce,” the Review Commission strives to be an agency with a highly motivated, qualified, 

and diverse workforce. The Commission advances diversity, equity, inclusion, and accessibility 

(DEIA) within our workforce through our culture, policies, and procedures. The goal of this 

policy is to avoid or minimize harm to any employee subjected to unwelcome, hostile, or abusive 

conduct based on protected group status by ensuring management officials are notified of – and 

have the opportunity to promptly correct – such conduct.

IV. HARASSMENT

Harassing conduct, which may be oral and/or written, includes, but is not limited to the 

following:

• Epithets, slurs, jokes, insults, negative stereotyping, or threatening, intimidating, or 

hostile acts, that relate to a person’s race, color, sex, gender, national origin, age (40 or 

older), disability, religion, genetic information, or retaliation;

• Written material (including graphics) which demeans or shows hostility or aversion 

toward an individual or group because of race, color, sex, gender, national origin, age (40 

or older), disability, religion, genetic information, or retaliation, and is posted on walls, 

bulletin boards, email, or elsewhere on Review Commission property.

Harassment of an individual based on race, color, sex, national origin, age (40 or older), 

disability, religion, genetic information, or retaliation is unlawful if submission to, or rejection 

of, such conduct by an individual is made the basis for an employment decision affecting the 

individual; or such conduct is sufficiently severe or pervasive as to create a hostile work 

environment.

Whether harassment creates a hostile work environment is to be determined by looking at all the 

circumstances, including, but not limited to:

• Whether the conduct was verbally or physically threatening;

• How frequently the conduct was repeated;

• Whether the conduct was hostile and/or patently offensive;

• The context in which the harassment occurred (coworker or supervisor);

• Whether management responded appropriately when it learned of the harassment; or

• Whether the conduct unreasonably interfered with work performance.
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V. DEFINITIONS

Color Harassment – Hostile or abusive conduct based on the color of a person’s skin. Color 

harassment can occur together with racial harassment but may also occur between members of 

the same race.

Disability Harassment – Hostile or abusive conduct based on a person’s disability, impairment,

or additional need, such as an inappropriate reference to disability, unwelcome discussion of the 

impact of disability, or a refusal to work with people with disabilities. A person with a disability 

is described as one that:

• Has a physical or mental impairment;

• Has a record of a physical or mental impairment; or

• Is regarded as having such impairment.

Discriminatory Harassment (Unlawful Harassment) – Hostile or abusive conduct based on 

one’s race, color, religion, sex (whether or not of a sexual nature), pregnancy, national origin, 

age (40 or older), disability, sexual orientation, protected genetic information, parental status, or 

retaliation.

Racial Harassment – Hostile or abusive conduct based on a person’s race, ethnic or national 

origin, such as abusive comments about racial origins or cultural backgrounds, racist jokes, or 

racial slurs.

Retaliation – When employees are treated differently because they are, or were, involved in a 

protected EEO activity (e.g., seeking or participating in EEO counseling, providing testimony in 

an EEO investigation or at an EEO hearing, filing a discrimination complaint, or speaking out 

against discriminatory activities).

Sexual Harassment – Hostile or abusive conduct that involves unwelcome sexual advances, 

requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature 

when:

• Submission to such conduct is made (either implicitly or explicitly) a term or condition of 

a person’s job, pay, or career; or

• Such conduct unreasonably interferes with an individual’s performance or creates an 

intimidating, hostile, or offensive environment.

Sexual Orientation Harassment – Hostile or abusive conduct based on known or presumed 

sexual orientation, such as name calling, stereotyping, assault, verbal abuse, or actual or 

threatened unwanted disclosure of sexuality.
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VI. RESPONSIBILITIES

A. Employees

1. Support the Review Commission’s Anti-Harassment policy by becoming familiar 

with the provisions of the policy, complying with all requirements of the policy, and 

cooperating with any inquiry under this policy.

2. Monitor one’s own conduct and determine if it could be interpreted as harmful, 

harassing, or contributing to or creating a hostile work environment.

3. Promptly report any incident of harassment that they experience before it becomes a 

pattern of misconduct so pervasive and offensive as to constitute a hostile 

environment.

B. Managers and Supervisors

1. Act promptly and appropriately to prevent harassment in the workplace and prevent 

retaliation against those who complain of harassment.

2. Report any incidents of harassment that they witness or are otherwise brought to their

attention to Human Resources (HR) staff.

3. Receive and handle allegations of harassment promptly and appropriately.

4. In consultation with the EEO Director, provide interim relief to alleged victims of 

harassment pending the outcome of the investigation to ensure that further 

misconduct does not occur.

5. Using the procedures set forth below, in consultation with the HR staff, take prompt 

and appropriate corrective and disciplinary action, up to and including removal, 

against personnel who have engaged in harassment or who have not carried out their 

responsibilities under this policy. (See OSHRC 19 – Workforce Discipline and 

Adverse Actions.)

C. EEO Director 

1. Ensures that employees are informed of this policy and the procedures to follow in 

connection with reporting harassment.

2. Provides technical assistance and support to ensure compliance with this policy and 

provides other assistance as requested.

3. Receives complaints of alleged harassment under this policy and forwards them to 

Human Resources staff for investigation.
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4. Advises supervisors and managers on the provision concerning interim relief to the 

alleged victims of harassment pending the outcome of the investigation to ensure 

further misconduct does not occur.

5. Advises the Chairman or other persons who need to know of allegations of 

harassment and the resolution of those allegations under this policy.

6. Encourages the use of alternative dispute resolution (ADR) to resolve harassment 

claims, when appropriate and feasible.

7. Annually designates the EEO Counselor(s).

D. EEO Counselor 

1. Receives complaints of alleged harassment under this policy.

2. Educates supervisors and managers on the terms of the Anti-Harassment policy and 

procedures and their role in the complaint process.

3. Develops a centralized system for tracking and monitoring inquiries or allegations of 

harassment.

E. Human Resources Specialist

1. Follows the complaint and investigative procedures outlined in this policy to 

investigate allegations of harassment reported by the complainant, supervisors, or 

managers.

2. Provides advice to managers and supervisors on taking disciplinary actions for 

conduct that violates this policy.

VII. REPORTING AND INVESTIGATION PROCEDURES

A. Reporting Allegations of Harassment

Any person who believes that they have been the subject of an incident of harassment in 

violation of this policy should report the matter to anyone in the complainant’s supervisory 

chain of command, HR staff, the EEO Director, or the EEO Counselor. Although an oral 

report may be accepted, the employee may be required to follow up the oral complaint in 

writing. Whether written or oral, the report should include the specific nature of the incident, 

the date and place of the incident, and the names of all parties involved, as well as all 

pertinent facts.

The EEO Counselor must be contacted directly by the employee within 45 days of the 

alleged occurrence of discriminatory harassment. The EEO Counselor will help the employee 

define the issues and bases of the claim and attempt to resolve them. If the claim cannot be 
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resolved, the Counselor will provide the employee with a Notice of Right to file a formal 

complaint. This notice will provide the employee with information about how to file a formal 

complaint of discrimination. The complaint must be filed within 15 days from receipt of the

notice. OSHRC’s EEO point of contact information is as follows: Angela D. Tyler, EEO 

Director; 1120 20th Street, NW, Suite 905, Washington, DC 20036; Phone: (202) 606-5392; 

Email: atyler@oshrc.gov.

B. Inquiries into Allegations of Harassment

All allegations of harassment will be promptly and objectively investigated within 10 days of 

being reported. Based on the nature of the allegation, the investigation will be conducted 

using the appropriate investigative resources, including outside resources, if conflict of 

interest issues are present.

1. The supervisor or manager who receives an allegation of harassment or witnesses an 

incident of harassment shall immediately:

a. Inform the EEO Director, HR staff, or the EEO Counselor and seek guidance as to 

further actions;

b. In consultation with the EEO Director, take action to stop any harassment and 

prevent further harassment while the allegations are being investigated, including 

granting appropriate interim relief to the alleged victim of harassment; and

c. In consultation with the Human Resources staff, document the allegation(s)

received and their efforts to address it.

2. The EEO Director who receives an allegation of harassment, either directly by the 

complainant or through a supervisor, manager, or other source, shall:

a. Recommend appropriate action to stop any harassment and prevent further 

harassment, including granting appropriate interim relief to the alleged victim of 

harassment while the allegations are being investigated.

3. The EEO Counselor who receives an allegation of harassment, either directly by the 

complainant or through a supervisor, manager, or other source, shall:

a. Immediately report the alleged harassment to the EEO Director; and

b. Provide the alleged victim of harassment with information regarding their rights 

and responsibilities under this policy.

4. The Human Resources staff who receives an allegation of harassment, either directly 

by the complainant or through a supervisor, manager, or other source, shall:

a. Report the alleged harassment to the EEO Director; and
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b. Investigate allegations of harassment within 10 days of it being reported.

C. Investigation 

1. All allegations of harassment will be subject to a prompt, thorough, and impartial 

investigation.

2. Immediately following the completion of the investigation, a written summary of the 

investigation shall be prepared by the investigator. The summary shall be prepared 

promptly after completion of the inquiry and shall be submitted to the EEO Director 

and the supervisor who will be responsible for taking any disciplinary action against 

the alleged harasser if necessary.

D. Action to Be Taken Upon Completion of the Investigation

1. The supervisor of the employee, in consultation with the HR Specialist, shall 

promptly evaluate the evidence and determine the appropriate action to take. This 

responsibility rests with the first-line supervisor of the employee alleged to have 

engaged in the harassment unless the supervisor is involved in the allegation. The 

second-line supervisor will be responsible for determining the appropriate action to 

take if the immediate supervisor is involved in the allegation. The EEO Director shall 

be informed of this decision, including a decision not to act.

2. Where the investigation establishes that an employee did engage in harassment under 

this policy, the employee shall be subject to appropriate corrective action, disciplinary 

or otherwise, up to and including removal.

3. Where the inquiry establishes that a manager or supervisor did not properly carry out 

the responsibilities provided under this policy, the manager or supervisor shall be 

subject to appropriate corrective action, disciplinary or otherwise, up to and including 

removal.

VIII. CONFIDENTIALITY

The Review Commission will protect to the furthest extent possible the confidentiality of the 

employee that pursues a harassment complaint. Moreover, employees who make complaints of 

harassment or provide information related to such complaints will be protected from retaliation. 

There may be occasions where complete confidentiality cannot be maintained in order for the 

investigator to conduct a thorough inquiry into the matter.

All information will be maintained on a confidential basis to the greatest extent possible. The 

maintenance of records and any disclosures of information from these records shall comply with the 

Privacy Act, 5 USC § 552(a). Such information, however, may be disclosed to defend the Review 

Commission in any litigation to which the information may be relevant and necessary. Further, 

information may be disclosed to those officials and employees within the Review Commission that 

require knowledge of the information to carry out the purpose and intent of this policy.
IX. APPROVAL 

This directive sets forth the Review Commission's Anti-Harassment policy. This directive 

supersedes OSHRC 17 dated August 27, 2019. It is effective immediately and w ill be placed in 

the Master File of Review Commission Directives. 

OFFICIAL SEAL: 

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Cynthia L. Attwood 

Chainnan