RAILROAD RETIREMENT BOARD 

ANTI-HARASSMENT POLICY STATEMENT AND COMPLAINT PROCEDURE 

TABLE OF CONTENTS 

I. BACKGROUND..............................................................................................2 

II. PURPOSE.....................................................................................................3 

III. POLICY........................................................................................................3 

IV. AUTHORITY..................................................................................................4 

V. COVERAGE..................................................................................................4 

VI. DEFINITION OF HARASSING CONDUCT...........................................................4 

VII. CONDUCT NOT COVERED..............................................................................5 

VIII. PROHIBITED BEHAVIOR..................................................................................6 

IX. REPORTING HARASSING CONDUCT..................................................................6 

X. RESPONSIBILITIES........................................................................................7 

A. ANTI-HARASSMENT COORDINATOR...........................................7 

B. DIRECTOR OF ADMINISTRATION................................................8 

C. SUPERVISOR.AND.MANAGER.............................................................8 

D. EMPLOYEES............................................................................8 

XI. EXCEPTIONS...................................................................................................9 

A. HARASSMENT COMPLAINT WITHIN THE OFFICE 

OF ADMINISTRATION...............................................................9 

B. HARASSMENT COMPLAINT WITHIN THE OFFICE 

OF THE INSPECTOR GENERAL.................................................9 

C. HARASSMENT COMPLAINT WITHIN THE OFFICE 

OF THE BOARD MEMBERS.......................................................9 

XII. TIMEFRAMES...............................................................................................10 

XIII. ANTI-HARASSMENT COMPLAINT PROCEDURE...............................................10 

XII. DECISION....................................................................................................12 

XIII. COOPERATION AND COFIDENTIALITY............................................................13 

IXX. RETALIATION...............................................................................................13 

XX. TRAINING....................................................................................................14 

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Anti-Harassment Policy Statement and Complaint Procedure Revised 07/2020 

BACKGROUND: 

Workplace harassment adversely affects the work environment by 

undermining productivity and professionalism. It insults the dignity of 

workers, and may also, depending on the extent and severity of the 

misconduct, violate civil rights laws. The number of complaints that include 

allegations of non-sexual harassment continues to grow in both the private 

and federal sectors. 

Harassment in the workplace violates Federal statues and policy when it is 

based on the protected Equal Employment Opportunity (EEO) classes: 

• Title VII of the Civil Rights Act of 1964, as amended, prohibits 

harassment of an applicant or employee based on race, color, sex 

(including pregnancy, sexual orientation and gender identity), religion, 

or national origin; 

• The Age Discrimination in Employment Act (ADEA) of 1967 prohibits 

harassment of applicants or employees who are age 40 or older on 

the basis of age; 

• The Rehabilitation Act of 1973, as amended under the Americans 

with Disabilities Act Amendments Act of 2008, prohibits harassment 

based on disability (mental and/or physical); and 

• The Genetic Information Nondiscrimination Act (GINA) of 2008 

prohibits harassment of an applicant or employee based on genetic 

information (including family medical history). 

All of the anti-discrimination statutes enforced by the EEOC prohibit 

retaliation for complaining of discrimination or participating in complaint 

proceedings. 

In addition, all employees and applicants are to be free from harassment 

without regard to their parental status under Executive Order 13152 (signed 

May 2, 2000) and/or marital status and political affiliation under the Civil 

Service Reform Act of 1978. 

Harassment involves employee conduct which should be immediately 

addressed and corrected. The federal formal equal employment opportunity 

(EEO) complaint process does not, by itself, fulfill the obligation to set up a 

mechanism for a prompt, thorough and impartial fact-finding inquiry into 

alleged harassment. The federal EEO process is designed to make 

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Anti-Harassment Policy Statement and Complaint Procedure Revised 07/2020 

individuals whole for discrimination that already has occurred through 

damage awards and equitable relief paid by the agency and to prevent the 

recurrence of the unlawful discriminatory conduct. The RRB’s AntiHarassment Policy and Procedure on the other hand, is intended to take 

immediate and appropriate corrective action, including the use of 

disciplinary actions, to eliminate harassing conduct regardless of whether 

the conduct violated the law. 

This policy replaces the RRB’s Anti-Harassment Policy dated May 2017. It 

provides examples of harassing conduct, explains the rights and 

responsibilities of all employees under this policy and explains the system 

of accountability. 

PURPOSE: 

The purpose of RRB Anti-Harassment Policy Statement and Complaint 

Procedure is to ensure that the RRB takes all steps necessary to prevent 

harassing conduct in the workplace and to correct harassing conduct that 

does occur before it becomes severe or pervasive. This Anti-Harassment 

Policy and Complaint Procedure serves as a guide to identifying prohibited 

conduct, reporting allegations of harassment, and taking appropriate 

corrective action regarding workplace harassment. 

POLICY: 

It is the policy of the RRB to maintain a workplace environment that is free 

from harassing conduct, whether sexual or non-sexual, as well as other 

forms of discrimination for all of its employees. This policy prohibits 

unwelcome conduct, as well as unlawful harassment, because the goal of 

this policy is to stop unwelcome conduct before it rises to the level of 

unlawful harassment and to prevent unwelcome conduct from recurring. 

The RRB will not tolerate unlawful discrimination or harassment of any kind 

and will discipline behavior that violates this policy. 

This policy/procedure is in addition to the federal EEO complaint of 

discrimination procedures. Filing a complaint under this policy does not 

satisfy the requirements to initiate the federal EEO complaint of 

discrimination process, nor does it delay the time limits for initiating the 

EEO complaint. 

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Anti-Harassment Policy Statement and Complaint Procedure Revised 07/2020 

Harassing conduct based on a characteristic that is not protected under 

federal employment civil rights laws and related Federal Executive Orders 

may be pursued through alternative means, such as the negotiated or 

administrative grievance procedures. 

AUTHORITY: 

The laws that guide the implementation of the RRB’s Anti-Harassment 

Policy and Complaint Procedure include, but are not limited to: 

a. Title VII of the Civil Rights Act of 1964, as amended; 

b. The Age Discrimination in Employment Act of 1967; 

c. The Rehabilitation Act of 1973, as amended under the Americans 

with Disabilities Act Amendments Act of 2008; 

d. Title II of the Genetic information Nondiscrimination Act of 2008; and 

e. The Inspector General Act of 1978, as amended. 

The Office of Equal Opportunity (OEO) is responsible for creating, updating 

and ensuring this policy is approved by the Equal Employment Opportunity 

Commission and is in effect at the RRB. Although the OEO is responsible 

for ensuring that an anti-harassment policy is in place, OEO will not be 

involved in the investigation or determination of allegations of harassment 

under this policy. 

COVERAGE: 

This policy and procedure covers any person employed directly by the 

RRB. While the RRB does not have the authority to address harassment of 

a contractor employee by another contractor employee, it is expected that 

all contractor employees in the RRB facility or performing work for the RRB 

will refrain from engaging in harassing conduct. For allegations of 

harassment by a contractor employee, the RRB shall immediately contact 

the appropriate Contracting Official. 

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Anti-Harassment Policy Statement and Complaint Procedure Revised 07/2020 

DEFINITION OF HARASSING CONDUCT: 

Harassment under this policy and procedure is defined as unwelcome 

verbal or physical conduct (such as intimidation, ridicule, insults, etc.,) 

based on race, color, religion, national origin, sex (including pregnancy, 

sexual orientation and gender identity), age (40 years and older), disability 

(mental or physical), genetic information (including family medical history), 

parental status, marital status, political affiliation and/or retaliation (for prior 

EEO activity), when: 

• The conduct had the purpose or effect of unreasonably interfering 

with an employee’s work performance; or 

 The conduct is sufficiently severe or pervasive so as to alter the 

terms, conditions or privileges of the employee’s employment 

creating an intimidating, hostile or offensive work environment; or 

 A supervisor’s harassing conduct results in a tangible change in an 

employee’s employment status or benefits (for example, demotion, 

termination, failure to promote, etc.). 

Sexually harassing conduct is deliberate, unsolicited, or unwelcomed 

sexual advances. It includes sexual favors, sexual advances and/or other 

sexual conduct when (1) submission is either explicitly or implicitly a 

condition affecting employment decisions; (2) the behavior is sufficiently 

severe or pervasive so as to create an intimidating, hostile or offensive 

environment; or (3) the behavior persists despite objection by the person to 

whom the conduct is directed 

CONDUCT NOT COVERED: 

Not all unwelcome conduct is considered harassing conduct under the AntiHarassment Policy. For example, it is not harassing conduct for a 

supervisor to tell an employee that s/he is not performing a job adequately. 

However, a supervisor may not treat employees who are similar in their 

work performance differently because of a protected characteristic. Also, 

occasional and innocuous compliments generally do not constitute 

harassing conduct, but rather reflect the reality of human experience and 

common courtesy. 

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Anti-Harassment Policy Statement and Complaint Procedure Revised 07/2020 

PROHIBITED BEHAVIOR: 

The following kinds of behavior or other behaviors with a similar harassing 

effect are absolutely prohibited whether they occur in person, on social 

media or another manner: 

• Offensive jokes, comments, objects or pictures 

• Negative stereotyping 

• Unwelcome questions about a person’s sexual identity or preference 

• Undue and unwelcome attention 

• Bullying 

• Ridicule or mockery 

• Insults or put-downs 

• Vulgar gestures or language, 

• Unwelcome touching or physical contact 

• Slurs or epithets 

• Stalking 

• Threats or other forms of intimidation (even if claimed to be "jokes" or 

"pranks") which relate to any of the protected categories as defined 

above; and 

• Physical or sexual assault. (Harassing conduct on the basis of sex 

need not be sexual in nature) 

The touchstone of this policy is that if conduct is based on another person’s 

protected characteristic and it is unwelcome- that is the conduct is 

unwanted or undesired- the conduct should not occur. This policy does not 

require that the person who has engaged in the conduct agree that the 

conduct is wrong. This policy does not seek to change what people think. 

Rather, it explains how the RRB expects its employees to act in the 

workplace. 

REPORTING HARASSING CONDUCT: 

In general, anyone who is subjected to conduct s/he believes to be 

harassing, should inform the person who engaged in the conduct to stop. If 

the target of the perceived harassing conduct is uncomfortable confronting 

the person who engaged in the conduct, or if the conduct continues, the 

target of the conduct should report the conduct to any of the following: 

(1)The target’s immediate supervisor; 

(2)The supervisor of the alleged harasser; 

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Anti-Harassment Policy Statement and Complaint Procedure Revised 07/2020 

(3)Any management official with supervisory authority; 

(4)The Anti-Harassment Coordinator, who can be reached at 

stop.harassment@rrb.gov (excluding complaints against Office of 

the Inspector General (OIG) staff) or 

(5)The Inspector General (IG), the Assistant Inspector General for 

Audit (AIGA) or the Assistant Inspector General for Investigations 

(AIGI) as applicable, if the harasser is a part of the OIG staff. 

Employees who observe apparent harassing conduct directed at others are 

encouraged to report the conduct, as soon as possible, to any individual 

shown above. 

NOTE: An employee who reports harassment in accordance with this policy 

has not filed an EEO complaint. An employee who wishes to file an EEO 

complaint must contact the Office of Equal Opportunity within 45 days of 

the alleged harassment. 

RESPONSIBILITIES: 

Anti-Harassment Coordinator [also referred to as The Coordinator]: The 

agency’s Anti-Harassment Coordinator is responsible for ensuring that a 

swift, thorough, impartial and appropriate fact-finding inquiry is conducted 

when s/he becomes aware of harassing conduct or receives a complaint of 

harassment, in which the fact-finding inquiry or investigation must begin 

within 10 calendar days. The Coordinator will, on a case-by-case basis, 

determine the necessary scope of the investigation and will decide who will 

conduct the investigation. The Coordinator will take prompt action, when 

necessary, to separate the harasser and the target of the alleged 

harassment until a fact-finding inquiry or investigation is completed and any 

appropriate action is taken. The Coordinator should provide timeframe 

updates to the person who reported the conduct (and the harassee if 

different from the person who reported it) and an explanation if the required 

investigation timeframe is delayed past 30 calendar days. 

After the investigation is completed, the Coordinator will provide his/her 

recommendation along with the written fact-finding inquiry or investigative 

report to the Director of Administration (unless the complaint involves 

someone in the Office of Administration, OIG or Board offices. See 

Exceptions below) within 30 calendar days from the day the Coordinator 

was made aware of the alleged harassment. 

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Anti-Harassment Policy Statement and Complaint Procedure Revised 07/2020 

The Director of Administration: The Director of Administration shall 

designate a staff member in the office to serve as the Anti-Harassment 

Coordinator, whose duties under this policy are described above. 

The Director of Administration will promptly review the investigative report 

and make a determination as to whether harassment occurred and what 

preventive and/or corrective action should be taken. The harasser’s 

supervisor/manager will administer the preventive and/or corrective action, 

if any, according to the Director of Administration’s determination and 

decision. 

Supervisors and Managers: Supervisors and managers are held 

accountable for creating and upholding a workplace free from harassment. 

Upon seeing or becoming aware of harassment, a supervisor or manager 

should immediately intervene to stop the objectionable behavior and, within 

1 business day, report it to their Director (unless the Director is the alleged 

harasser) and the Anti-Harassment Coordinator. If the supervisor/manager 

has information pertinent to the complaint, s/he should schedule a meeting 

with the Anti-Harassment Coordinator prior to the completion of the 

investigation. 

In all cases, the supervisor or manager to whom the incident is reported 

must inform the employee of his or her right to initiate a complaint through 

the Anti-Harassment Coordinator. 

Employees: Employees are strongly encouraged to report any matter they 

perceive to be harassment, whether they personally experienced it, 

witnessed it, or an incident was reported to them. As soon as the incident 

occurs, employees may either report it to their first level supervisor, the 

supervisor of the alleged harasser, any management official with 

supervisory authority, or to the Anti-Harassment Coordinator. As federal 

employees, all employees have a duty to cooperate during a fact-finding 

inquiry of harassment. An employee who chooses to follow the procedures 

set forth in this policy may also file an EEO complaint, use the negotiated 

or administrative grievance procedures or pursue other processes granted 

to employees by law. 

EXCEPTIONS: 

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Anti-Harassment Policy Statement and Complaint Procedure Revised 07/2020 

Complaint within the Office of Administration 

Should the complaint involve an employee within the Office of 

Administration, the Anti-Harassment Coordinator shall inform the 

General Counsel (GC) who will appoint someone in their office to 

investigate the complaint and provide a written fact-finding report 

along with their recommendation to the GC within 30 calendar days 

from the day the GC was made aware of the complaint. The GC will 

review the report and make a determination as to whether 

harassment occurred and what preventive and/or corrective action 

should be taken. The harasser’s supervisor/manager will administer 

the preventive and/or corrective action according to the General 

Counsel’s determination and decision. 

Complaint within the Office of the Inspector General (OIG) 

Should the complaint involve an employee within the Office of the 

Inspector General (OIG), the Assistant Inspector General for 

Investigations (AIGI) is the Anti-Harassment Coordinator for the 

investigations staff; the Assistant Inspector General for Audit (AIGA) 

is the Anti-Harassment Coordinator for the audit staff; and the 

Inspector General (IG) is the Anti-Harassment Coordinator for staff 

directly reporting to the IG. The RRB recognizes that the IG has 

independent authority to formulate policies and procedures for 

addressing harassment in the workplace. OIG personnel should 

follow the requirements of the Inspector General Act of 1978, as 

amended, and any Executive Orders applicable to the OIG for 

allegations and investigations of OIG personnel. The AIGI, AIGA and 

the IG are responsible for imposing appropriate preventive and/or 

corrective actions. 

Complaint within the Office of the Board Members 

Should the complaint involve an employee within one of the Board 

offices (excluding the Board Member), the Anti-Harassment 

Coordinator will secure an independent contractor to investigate the 

matter. After receiving the report from the contractor, the AntiHarassment Coordinator will forward the report to the two Board 

Members whose offices are not involved in the complaint. They will 

take on the responsibility of making a determination, based on the 

information provided in the fact-finding report/investigation. The two 

Board Members must agree and make a determination as to whether 

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Anti-Harassment Policy Statement and Complaint Procedure Revised 07/2020 

harassment occurred and what if any, preventive and/or corrective 

action should be imposed on the employee in question. 

TIMEFRAMES: 

When alleged harassing conduct is reported to the Anti-Harassment 

Coordinator, s/he must make all reasonable efforts to fully investigate the 

complaint and if necessary, propose interim relief in the meantime. The 

investigation must begin within 10 calendar days of receiving notice of the 

harassment allegation. Once the investigation is completed, the AntiHarassment Coordinator will submit the fact-finding/investigative report with 

his/her recommendation, to the appropriate official (Director of 

Administration, General Counsel, or the appropriate Board Members) within 

30 calendar days from the date the report/complaint was received. The 

agency must then reach a decision and, if necessary, take corrective action 

within 60 calendar days of receiving notice of the allegation. 

When alleged harassing conduct is reported to a supervisor or manager, or 

if the supervisor or manager becomes aware of the alleged harassing 

conduct, s/he must notify his/her Director (unless the Director is the alleged 

harasser) and the Anti-Harassment Coordinator as soon as possible, but 

no later than 1 business day, after becoming aware of the alleged conduct. 

When alleged harassing conduct is reported to the AIGI, AIGA or the IG, 

s/he must follow the requirements of the Inspector General Act and 

Executive Orders applicable to OIGs for allegations and investigations of 

OIG personnel. 

ANTI-HARASSMENT COMPLAINT PROCEDURE: 

The complaint procedure discussed below is independent from the one 

related to the processing of employment discrimination complaints 

governed by the Equal Employment Opportunity Commission’s regulations 

in 29 CFR Part 1614.1 

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If an employee also intends to file a separate complaint of discrimination under federal 

regulation 29 CFR Part 1614, they must notify OEO within 45 calendar days of the date of the 

alleged harassment. The employee should not wait until the agency’s internal harassment 

inquiry is complete before initiating the discrimination complaint with OEO. 

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Anti-Harassment Policy Statement and Complaint Procedure Revised 07/2020 

If you believe you are the subject of harassment of any kind or harassment 

based on your race, color, religion, national origin, sex (including 

pregnancy. sexual orientation and gender identity), age (40 years and 

older) disability (mental or physical), genetic information (including family 

medical history), parental status, marital status, political affiliation, or 

retaliation for prior protected EEO activity, you should report the incident(s) 

to your supervisor, any member of management with whom you feel 

comfortable discussing the problem and/or the Anti-Harassment 

Coordinator. If you believe you are being harassed by your immediate 

supervisor, you should notify your supervisor's manager, any member of 

management with whom you feel comfortable discussing the problem 

and/or the Anti-Harassment Coordinator. 

Once a report of harassment is received, the Anti-Harassment Coordinator 

will contact the person who reported the harassment and acknowledge the 

complaint, in writing within 5 business days. 

An investigation or fact-finding inquiry (depending on the depth and scope 

needed to make an informed determination) will be initiated within 10 

calendar days and conducted and completed within 30 calendar days from 

the date the Coordinator receives a complaint of harassment under this 

policy. The investigation/fact-finding inquiry will include an interview with 

the person(s) alleging the harassment, those accused of the alleged 

misconduct and, as appropriate, individuals who are witnesses to, or have 

knowledge of the alleged harassment. All employees involved in the 

investigation and/or fact finding inquiry are allowed to secure 

representation; however, the timeframes must be adhered to under 

this policy. 

Upon completion of the investigation/fact-finding inquiry, a written report will 

be prepared. The report will minimally include the following: 

1. The name, position, office location of the employee alleging the 

harassment, the specific nature of the incident(s), date and place of 

the incident(s), names of all parties involved, how the harassing 

action affected the harassee, detailed report of all pertinent facts, as 

well as the basis of the harassment (race, religion, age, disability, 

etc.) 

2. Signed statements of fact: 

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Anti-Harassment Policy Statement and Complaint Procedure Revised 07/2020 

a. From the employee alleging the harassment – a detailed 

description of the alleged prohibited conduct, the date(s), 

time(s) and location(s) of the alleged actions/comments, their 

response or action to the alleged prohibited conduct, as well as 

the names of any witnesses to, or persons with knowledge of 

the alleged actions/comments; 

b. From those accused of the alleged misconduct – a detailed 

response regarding each of the allegation(s); and 

c. From others who have knowledge of the alleged misconduct – 

a detailed account regarding what they witnessed/heard or any 

information regarding the allegation(s). 

3. As necessary, additional documentation regarding the alleged 

misconduct. 

4. An assessment of the allegation(s) and any recommendation(s) for 

corrective action if appropriate from the Anti-Harassment Coordinator. 

The fact-finding report/investigation will be submitted to the appropriate 

official for a determination and corrective action if/as necessary. The AntiHarassment Coordinators (including those in the OIG) and/or the person 

who conducted the investigation in the OGC, shall maintain a record of all 

fact-finding inquiries conducted in accordance with the record retention 

plan and inform the OEO as needed for the purpose of the agency’s annual 

EEO reporting requirements. 

DECISION: 

The Director of Administration, or appropriate official, shall promptly 

evaluate the fact-finding report and issue the decision as to whether 

harassment occurred and if so, the appropriate and prompt preventive 

and/or corrective action that will be taken within 60 calendar days from the 

date the alleged harassment was reported. The report will be the basis for 

the decision and the appropriate corrective action(s) when necessary. 

Not all forms of harassing conduct will warrant the same preventive and/or 

corrective action. A fair and credible approach to stopping and remedying 

harassing conduct demands a response that is proportionate to the 

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Anti-Harassment Policy Statement and Complaint Procedure Revised 07/2020 

conduct. The severity and frequency of the conduct will be considered 

when determining preventive and/or corrective action. 

COOPERATION AND CONFIDENTIALITY: 

All parties, to include the person who reports harassing conduct and the 

target of the alleged conduct, if different from the person who reported it, 

the alleged harasser, and any potential witnesses, will be expected to 

cooperate with an investigation so that it can be conducted in a prompt, 

thorough, and fair manner. 

The RRB will keep reports and investigations of harassing conduct 

confidential to the greatest extent possible, as consistent with the law and a 

thorough and fair process. This means that only individuals who need to 

know about alleged harassing conduct will be informed about it. 

In some instances, an employee may request that a supervisor or manager 

keep their allegations of harassment confidential. In such instances, the 

member of management must inform the employee that the agency cannot 

guarantee complete confidentiality because it has an affirmative duty to 

prevent and correct harassment. The member of management is still 

obligated to immediately inform the Anti-Harassment Coordinator and the 

alleged harasser’s Director about the allegations of harassment, as well as 

the request for confidentiality. 

RETALIATION: 

The RRB prohibits any form of retaliation against any employee for making 

a good faith report or complaint of harassment under this policy, for 

opposing harassing conduct or for assisting in a fact-finding inquiry 

regarding a complaint of harassment. Any employee who retaliates against 

any of these individuals will be disciplined appropriately and promptly. 

Management will be held accountable for preventing and promptly stopping 

and correcting any retaliatory conduct. 

TRAINING: 

A Power Point training is available on RRB University for all employees to 

review. 

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Anti-Harassment Policy Statement and Complaint Procedure Revised 07/2020 

The Office of Equal Opportunity is responsible for this policy. 

All questions/concerns regarding the policy should be addressed to OEO. 

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