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Policy and Procedures for Preventing and Eliminating Harassing Conduct

in the Workplace

I.

Purpose. It is the Federal Mine Safety and Health Review Commission’s (FMSHRC) policy to

ensure that every employee and applicant enjoy a non-hostile work environment free from

discrimination or harassment of any kind. All employment decisions, such as hiring, promoting,

training, and rewarding, will be made exclusively on the basis of job-related criteria, e.g.

employees’ knowledge, skills, abilities and performance. Discrimination or harassment of any

kind based race, color, religion, sex (including gender identity, pregnancy, and sexual orientation 

based on sex stereotyping), national origin, disability, genetic information, or age, is forbidden

and subject to appropriate corrective action. Retaliation against an employee for engaging in the 

complaint process described below or other protected activity is also prohibited. This policy is 

intended to ensure that FMSHRC is taking all necessary steps to prevent sexual harassment and

other forms of harassing conduct in the workplace, and to correct any harassing conduct that may

occur before it becomes severe or pervasive.

II.

Definition of Harassing Conduct. For the purposes of this policy, harassing conduct is defined

as any unwelcome verbal or physical conduct based on race, color, religion, sex (including

gender identity, pregnancy, and sexual orientation based on sex stereotyping), national origin,

disability, genetic information, age, or retaliation for protected EEO activity when: 

A. The behavior can reasonably be considered to adversely affect the work environment; or

B. An employment decision affecting the individual is based upon the individual’s acceptance 

or rejection of such conduct.

Examples of conduct which could reasonably be considered to adversely affect the work 

environment include:

A. Threats, intimidation, assault, or other forms of abuse relating to race, color, religion, sex

(including gender identity, pregnancy, and sexual orientation based on sex stereotyping),

national origin, disability, genetic information, age, or retaliation for engaging in protected 

EEO activity;

B. Offensive jokes, ridicule, insults, or other derogatory comments (such as the use of epithets)

relating to race, color, religion, sex (including gender identity, pregnancy, and sexual 

orientation based on sex stereotyping), national origin, disability, genetic information, age, 

or retaliation for engaging in protected EEO activity;
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C. Suggestive pictures, cartoons, e-mails, or internet usage which may be seen by other 

employees as containing offensive material relating to race, color, religion, sex (including

gender identity, pregnancy, and sexual orientation based on sex stereotyping), national

origin, disability, genetic information, age, or retaliation for engaging in protected EEO 

activity.

Whether the conduct is directed toward a specific individual who finds it unwelcome or is 

observed by another employee who finds it offensive, such conduct would constitute harassment if 

based (directly or indirectly) on the above-listed categories, and would be subject to the reporting 

and complaint procedures described below.

III.

Policy Against Harassing Conduct. FMSHRC does not tolerate harassing conduct by anyone

in the workplace. It is the policy of FMSHRC to maintain a work environment free from the

harassing conduct described above. 

FMSHRC has determined that the most effective way to limit harassing conduct is to treat it as

misconduct, even if it does not rise to the level of harassment actionable under Title VII of the

Civil Rights Act of 1964, as amended. A hostile environment claim under Title VII usually

requires the demonstration of serious, or a pattern of, offensive conduct. FMSHRC will not wait

for such a serious conduct or a pattern to emerge before taking remedial action. Rather,

FMSHRC will act before the harassing conduct is so pervasive and offensive as to constitute a

hostile environment. In the usual case, a single utterance of an ethnic, sexual, or racial epithet

that offends an employee would not be severe enough to constitute unlawful harassment in 

violation of Title VII; however, it is FMSHRC’s view that such conduct is inappropriate, must not 

be repeated, and will be treated as employee misconduct.

Similarly, FMSHRC is committed to maintaining a non-hostile workplace free from

discriminatory harassment. As noted above, a hostile work environment can arise from threats or 

intimidation, abuse, ridicule, offensive jokes, insults, derogatory comments, or other forms of 

interference with work performance that are directly or indirectly based on race, color, religion,

sex (including gender identity, pregnancy, and sexual orientation based on sex stereotyping),

national origin, disability, genetic information, age or retaliation for protected EEO activity.

Personal conversations that can be overheard by another employee who would consider the

conversation offensive can also create a hostile environment. Likewise, suggestive pictures,

cartoons, emails, or internet usage in the work environment that may be seen by other employees

as containing offensive material are examples of harassing behaviors which will be treated as

misconduct. The prohibition against harassment covers the conduct of both employees and nonemployees in FMSHRC workplaces.

FMSHRC will not tolerate retaliation against any employee for making a good-faith report of

harassing conduct under this policy, or for assisting in any inquiry into such a report. Complaints

of such retaliation shall be handled pursuant to the procedures in this directive.
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This Policy is effective as of December 20, 2021 and supersedes any and all other previous policies

on harassment at FMSHRC.

IV.

Responsibilities.

Each employee shall be responsible for:

1. Acting professionally and refraining from harassing conduct;

2. Becoming familiar with the provisions of this policy, complying with all requirements of

this policy, and cooperating with any inquiry under this policy; and

3. Promptly reporting any incident of harassing conduct that the employee experiences or

witnesses before it becomes a pattern of misconduct so pervasive and offensive as to 

constitute a hostile work environment. FMSHRC cannot correct harassing conduct if the

conduct is not known. When an employee unreasonably fails to take advantage of this 

procedure and does not promptly report an incident of harassing conduct as set forth

herein, FMSHRC reserves the right to raise this failure to report as a defense against a

suit for harassment.

All supervisors and managers shall be responsible for:

1. Acting promptly and appropriately to prevent harassing conduct in the workplace, and to 

prevent retaliation against those who complain of harassing conduct;

2. Reporting, pursuant to procedures set forth in this policy, any incident of harassing

conduct that they witness or that is otherwise brought to their attention;

3. Receiving and handling an allegation of harassing conduct promptly and appropriately,

utilizing the procedures set forth below; and

4. In consultation with the Anti-Harassment Program Manager and relevant investigator 

(see below), providing interim relief to alleged victims of harassment pending the 

outcome of the investigation to ensure that further misconduct does not occur.

V.

Complaint Procedure. FMSHRC’s harassment reporting and complaint process is overseen by 

Program Manager Michelle Williams (mwilliams@fmshrc.gov, 202-434-9961). In the event of 

a conflict of interest, the Chief Operating Officer will serve as the Program Manager. As 

detailed below, inquiries into reports of harassment shall be conducted by the agency’s General 

Counsel, or in the event of a conflict of interest, the Chief Operating Officer, who shall issue 

recommended findings and actions subject to final approval by the Chair.
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1. Reporting Harassment. Any person who believes that he/she/they has been the 

subject of an incident of harassing conduct, or has witnessed such conduct, should 

report this matter to at least one of the following contacts: any FMSHRC

supervisor or manager; the FMSHRC EEO Director; or the independent human

resource specialist provided by the Bureau of Fiscal Services, Heather Helmick 

(heather.helmick@fiscal.treasury.gov, 304-480-8334).

The supervisor, manager, EEO Director, or BFS Specialist who receives a report of 

alleged harassment shall immediately: document the details of the reported 

harassment; inform the Program Manager of the allegation; and, in consultation 

with the Program Manager, take action to stop any ongoing harassment.

2. Inquiry and Interim Action. Upon receipt of an allegation of harassing conduct, 

the Program Manager shall promptly provide the relevant details to the General 

Counsel, or in the event of a conflict of interest, the Chief Operating Officer, for 

investigation.

Within 10 calendar days of receipt of the harassment allegation, a prompt, 

impartial, and thorough investigation will be conducted. The investigator shall 

initiate an inquiry into the alleged harassing conduct, in conjunction with the BFS 

Human Resource Specialist. 

While the investigation is ongoing, the investigator shall take action to stop any 

harassing conduct and to prevent further harassment, including granting interim 

relief to the alleged victim of harassment if appropriate.

3. Findings and Subsequent Action. Upon completing the inquiry, the investigator 

shall evaluate the evidence, prepare a written summary, and make recommended 

findings as to: whether harassment occurred and the appropriate action(s) to be 

taken (if any). This recommendation shall be submitted to the Chair for final 

approval and enactment.

i. Where the inquiry establishes that an employee did engage in harassing

conduct, the employee shall be subject to appropriate corrective action, up 

to and including removal.

ii. Where the inquiry establishes that a manager or supervisor did not properly

carry out the responsibilities provided for under this policy, the manager or 

supervisor shall be subject to immediate and appropriate corrective action

up to and including removal.

This final determination shall be reached and corrective action (if any) shall be 

taken within 60 calendar days of the Program Manager’s receipt of the harassment 

allegation.
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The identity of an individual who submits a report, a witness who provides 

information regarding a report, the target of the complaint, the summary, 

recommendation, and other documentation gathered under this procedure shall be 

kept confidential to the extent possible. Information may only be disclosed to 

those officials and employees with a need to know in order to carry out the

purpose and intent of this policy or in litigation in which the information may be

relevant.

For a reasonable period following a finding of harassment, the Program Manager

should coordinate with the relevant management officials to ensure that the 

situation is monitored to prevent further incidents of harassment or retaliation

against individuals who have reported harassment or participated in the inquiry.

When appropriate and under certain circumstances, the aggrieved person may 

request mediation. If the parties agree and it is deemed appropriate, FMSHRC shall 

acquire the services of an impartial mediator to facilitate a mediation. Nevertheless, 

FMSHRC recognizes that it has a duty to investigate and to take immediate 

corrective action for any harassing conduct. 

VI.

Federal Remedy Equal Employment Opportunity (EEO) Complaint Process. The procedures

contained in this policy are separate from the EEO complaint process. An employee or applicant

who chooses to pursue a Federal remedy alleging harassment or other discrimination based on race,

color, religion, sex (including pregnancy, gender identity and sexual orientation based on sexstereotyping), national origin, disability, genetic information, age or retaliation, and who wishes to 

file a complaint must contact FMSHRC’s EEO Director within 45 days of the discriminatory action

or incident. The only circumstances where complaint allegations may be raised beyond the 45-day

time frame are continuing violations, situations where the employee was unaware an action might

have been taken based on discrimination until a later action occurs; or extreme extenuating

circumstances. In order to pursue a Federal remedy, refer to the procedures set forth in FMSHRC’s

EEO Discrimination Complaint Process, posted on the employee bulletin board and on FMSHRC’s

website at www.fmshrc.gov/eeo-policies.

VII.

Remedy for Discrimination based on Sexual Orientation, Political Affiliation, Marital

Status, Membership in an Employee Organization, or Other Non-Merit Factor. Any

employee who believes that they have experienced harassing conduct or discrimination based

on sexual orientation, political affiliation, marital status, membership in an employee

organization, or other non-merit factor is encouraged to report such concerns according to the

procedures set forth in this policy so that the matter may be addressed. An employee who

chooses to pursue a Federal remedy based on these bases must contact:
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12/20/2021

U. S. Office of Special Counsel

1730 M Street, NW, suite 218

Washington, DC 20036

Telephone (800) 872-9855 or (202) 804-7000

(TTY) 1-800-877-8339

info@osc.gov

 https://osc.gov

VIII.

For Additional Information.

Relating to the Federal complaint processing procedures, contact Michelle Williams, EEO

Director, at 202-434-9961, mwilliams@fmshrc.gov or Leslie Bayless, Alternate EEO Director, 

at 202-434-9941, lbayless@fmshrc.gov.

Relating to laws enforced by the Equal Employment Opportunity Commission, refer to 

www.eeoc.gov or call 1-800-669-4000; (TTY) 1-800-669-6820.

Relating to laws enforced by the Office of Special Counsel, refer to https://osc.gov or call

1-800-872-9855; (TTY) 1-800-877-8339.

_________________________________________

Arthur R. Traynor, III, Chair

_________________________________________

Date