www.fmcs.gov

FEDERAL MEDIATION AND CONCILIATION SERVICE

OFFICE OF THE DIRECTOR

250 E Street, SW

Washington, D.C. 20427

DIRECTIVE 5809: ANTI-HARASSMENT

1. Purpose: This Directive sets forth the updated FMCS policy on anti-harassment and provides 

guidance and implementing procedures for maintaining a workplace free from unlawful 

harassment, in accordance with Federal laws. The purpose of this directive is to:

a. Prevent harassment in FMCS employment, facilities and services;

b. Correct harassing conduct that does occur before it becomes severe or pervasive;

c. Ensure all FMCS employees, contractors, volunteers, interns, visitors, and customers 

are aware that FMCS does not tolerate discrimination or harassment; 

d. Identify what to do in the event of an incident of harassment at FMCS; and

e. Ensure that any employee who engages in such improper conduct will be subject to 

appropriate disciplinary action. Supervisory or management officials who either 

condone or fail to act promptly to correct alleged harassing conduct that is brought to 

their attention will also be subject to appropriate disciplinary action.

2. Authority:

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

b. Equal Pay Act of 1963, as amended;

c. The Age Discrimination in Employment Act of 1967 (ADEA);

d. The Rehabilitation Act of 1973, Sections 501 and 505, as amended;

e. Americans with Disabilities Act (ADA) of 1990, as amended;

f. Federal Sector Equal Employment Opportunity Regulations, 29 CFR Part 1614;

g. Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002;

h. Genetic Information Nondiscrimination Act of 2008;

i. Executive Order 13087, which amended Executive Order 11478, prohibiting 

discrimination in federal employment based on sexual orientation;

j. Executive Order 13152, which amended Executive Order 11478, prohibiting 

discrimination in federal employment based on status as a parent;

k. Equal Employment Opportunity Commission (EEOC) Model EEO Programs Must 
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Have an Effective Anti-Harassment Program (2005);

l. EEOC’s Enforcement Guidance: Vicarious Employer Liability for Unlawful 

Harassment by Supervisors (1999);

m. Equal Employment Opportunity Commission Management Directive 715 (2003); and

n. Directive 9101, FMCS Equal Employment Opportunity Complaints Program;

o. Executive Order 14035 and Government-wide Strategic Plan to advance DEIA in the 

Federal Government (2021).

3. Scope: This directive covers conduct that falls within the EEO’s definition of unlawful 

harassment, as well as other broader conduct. The EEO definition of unlawful harassment is 

unwelcome verbal or physical conduct based on a protected class (race, color, religion, sex 

(including sexual orientation, gender identity, and pregnancy), national origin, age (40 or 

older), disability or genetic information) that has the purpose or effect of unreasonably 

interfering with an employee’s work performance and/or creating an intimidating, hostile, or 

offensive work environment. To rise to the level of unlawful harassment, conduct must be 

severe or pervasive. This policy also covers any type of harassment that interferes with, or 

alters, the condition of an employee’s employment. 

Employees should be aware that the anti-harassment process within this directive is NOT the 

same as the EEO complaints process and does not impact, pause or extend any statutory 

timelines associated with that process.

4. Applicability: This directive covers all federal employees, non-federal workers, and 

contractors, as defined below, regardless of position. As such, each federal employee, nonfederal worker, and contractor is required to comply with this policy. The principles in this 

policy also apply to all individuals on owned or leased property, including extended visitors

and customers. This policy also applies to conduct in virtual settings and conduct while using

agency-owned devices or accounts or agency-sponsored third-party sites for communication

(ex. Microsoft Teams, Zoom).

a. Federal employee: An individual of the FMCS who is employed pursuant to an 

appointing authority that grants them federal status by law. This includes: Title 5 

employees (GS), all Executives (SES and SL), and Political Appointees. 

i. NOTE: FMCS Management is responsible for taking appropriate action against 

any federal employee who violates this policy. Appropriate action for federal 

employees may include, but is not limited to, reprimand, suspension, demotion, 

or removal from one’s position and/or separation from the Federal Service. 

Such actions may also be considered when making administrative decisions 

related to funding, staffing, and other resources.

b. Non-federal worker: Those individuals who perform work for FMCS but have not been 

employed under an appointing authority that grants them federal status by law and 

benefits. This includes: all Trainees, Interns, or Volunteers.

i. NOTE: FMCS Management is responsible for taking appropriate action against 
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any non-federal worker who violates this policy.

c. Contractors: Employees of a firm that has a mutually binding legal relationship, in the 

form of a contract, with FMCS to provide supplies and services. The contract firm is 

responsible for ensuring that their employees comply with this policy. 

i. NOTE: Contractors’ failure to comply with this policy may have action taken 

against them by the contracting officer ranging from a negative contractor 

performance review (CPARS) to a breach of contract, depending upon the 

impact of the failure to comply.

d. Extended visitors and customers: Visitors to any FMCS owned or leased space

(including agency-controlled virtual settings) are responsible for abiding by federal 

law, regulations, and applicable policy for FMCS controlled spaces. Any visitors or 

customers that commit acts of discrimination or harassment within FMCS facilities 

should be reported to FMCS management or physical security and may be removed 

and/or barred from the space. 

5. Policy: 

a. FMCS does not, and will not, tolerate discrimination or harassment within FMCS 

facilities, agency-controlled virtual settings, or services. FMCS does not condone acts 

of harassment committed by employees, volunteers, interns, contractors, visitors, or 

customers using FMCS facilities or services, and it does not condone harassment of 

employees, volunteers, interns, contractors, visitors, or customers using FMCS 

facilities or services. FMCS is committed to maintaining a work environment that is 

courteous, respectful, and free from harassment for its employees, contractors, 

volunteers, interns, visitors, and customers.

b. Even if harassing conduct does not rise to the level actionable under Title VII of the 

Civil Rights Act of 1964, as amended, it is still misconduct. FMCS’ anti-harassment 

policy therefore is to take swift and appropriate corrective action, including the use of 

disciplinary action, to eliminate harassing conduct even if the conduct does not violate 

the law. Harassing actions may also result in corrective actions such as revoking 

privileges to use FMCS facilities or services.

c. Retaliation towards any federal employee, non-federal worker, or contractor for 

reporting allegations of inappropriate conduct or harassment, participating as a witness 

in an administrative inquiry or investigation, or for participating in the EEO complaint 

process, is prohibited.

d. If you are subjected to harassment of the type covered by this policy while using FMCS 

facilities or services, you may use the procedures in this policy to report the incident, 

and your report will be handled swiftly and with consideration.

e. Employees, volunteers, contractors, and interns will be informed of this policy through 

their on-boarding process.

f. All managers, supervisors, and employees are required to take mandatory antiharassment training at least biennially through FMCS’ Learning Management System 
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FMCS Directive 5809 – Anti-Harassment – May 2022

(LMS) or other approved format. Anti-harassment training requirements may also be 

met by taking NO FEAR Act training conducted by the EEO Office.

g. Filing a complaint under these procedures is not equivalent to filing an EEO complaint 

of discrimination, under 29 CFR 1614, or a grievance, under an administrative or 

negotiated procedure.

6. Definition of Harassment in the Workplace:

a. Harassment is unwelcome conduct that is based on race, color, religion, sex (including 

pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), 

disability, or genetic information (including family medical history). Harassment is a 

form of employment discrimination prohibited by Title VII of the Civil Rights Act of 

1964, the Age Discrimination in Employment Act of 1967, (ADEA), the Rehabilitation 

Act of 1973 (as amended), and ADA Amendments Act of 2008 ADAAA, 42 U.S.C. 

ch. 126 § 12101 et seq. Harassment becomes unlawful when: enduring the offensive 

conduct becomes a condition of continued employment, or the conduct is severe or 

pervasive enough to create a work environment that a reasonable person would 

consider intimidating, hostile, or abusive. 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.

b. Unwelcome conduct is conduct that a person did not invite or solicit and that they 

regard as undesirable or offensive (outside of work assignments or instructions) and 

the complainant is not an active participant in the behavior. The standard for 

determining whether verbal or physical conduct is sufficiently severe or pervasive to 

create a hostile work environment is whether a reasonable person in the same or similar 

circumstance would find the conduct intimidating, hostile, or abusive. Whether an 

instance or a pattern of harassing conduct is severe or pervasive is determined on a 

case-by-case basis, with consideration paid to the following factors:

i. The frequency of the unwelcome discriminatory conduct;

ii. The severity of the conduct;

iii. Whether the conduct was physically threatening or humiliating, or a mere 

offensive utterance;

iv. Whether the conduct unreasonably interfered with work performance;

v. The effect on the employee’s psychological well-being; and

vi. Whether the harasser was a superior within the organization.

c. Liability for harassment attaches to the Agency if management (i) knew or should 

have known of harassment and (ii) failed to take immediate and appropriate action to 

investigate the behavior. This includes harassing behavior from outside clients or 

entities engaged in FMCS services. Knowledge is assumed if:

i. The victim complains about harassment to an appropriate official;

ii. The conduct occurred in the presence of a manager or supervisor, and they 

were aware of it;

iii. The conduct is widespread; or

iv. The complainant put the alleged violator on notice.
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FMCS Directive 5809 – Anti-Harassment – May 2022

7. Forms of Harassment: The following are examples of inappropriate conduct that may meet the 

definition of harassment if an incident is severe or pervasive. A hostile environment can result 

from the unwelcome conduct and interactions on the job, when the unwelcome conduct renders 

the workplace atmosphere intimidating, hostile, or offensive.

a. Sexual Harassment/Harassment based on sex (including pregnancy, gender identity, 

and sexual orientation). Examples include, but are not limited to:

i. Unwelcome sexual advances;

ii. Requests for sexual favors;

iii. Making repeated attempts to establish an unwanted relationship;

iv. Making offensive comments or asking questions about someone’s sexual 

history, orientation, or gender identity;

v. Intentionally misusing a person’s name or pronouns;

vi. Sharing sexually inappropriate images or videos, such as pornography, with 

others in the workplace;

vii. Sending suggestive letters, notes, texts, or emails or displaying inappropriate 

sexual images in the workplace;

viii. Telling lewd jokes or sharing sexual anecdotes;

ix. Making inappropriate sexual gestures;

x. Staring in a sexually suggestive or offensive manner or inappropriate whistling;

xi. Making sexual comments about appearance, clothing, or body parts; or

xii. Inappropriate touching, including pinching, patting, rubbing, or purposefully 

brushing up against another person.

b. Harassment based on race, ethnicity, color, and/or national origin. Examples include, 

but are not limited to:

i. Making derogatory epithets, slurs, remarks, stereotypes, labels, jokes, or 

innuendos related to a person’s race, ethnicity, culture, or national origin;

ii. Making comments, jokes, teasing someone about a person’s dress, personal 

appearance, hairstyle, speech, or other practices that are related to their race, 

ethnicity, culture, and/or national origin;

iii. Displaying racist or discriminatory symbols or imagery; or

iv. Engaging in a pattern of unwelcome or inappropriate verbal, behavioral, or 

environmental indignities, whether intentional or unintentional, that 

communicate hostile, derogatory, or otherwise negative prejudicial slights and 
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FMCS Directive 5809 – Anti-Harassment – May 2022

insults toward an individual or group, including but not limited to individuals 

from historically excluded groups. These may also be referred to as 

microaggressions, such as touching someone’s hair or skin, commenting on 

ability to speak English, stating and/or perpetuating stereotypes, etc.

c. Harassment based on physical, cognitive, mental disability or “regarded as” having a 

disability. Examples include, but are not limited to:

i. Making derogatory remarks, stereotypes, labels, jokes, or innuendos related to 

people with disabilities;

ii. Sending inappropriate letters, notes, texts, or emails and/or displaying 

inappropriate images in the workplace of people with disabilities;

iii. Telling inappropriate jokes or sharing inappropriate disability related

anecdotes;

iv. Making inappropriate or mocking disability related gestures;

v. Staring in an inappropriate or offensive manner;

vi. Making inappropriate comments about appearance, assistive equipment, or 

body parts;

vii. Inappropriate touching, including pinching, patting, rubbing, or purposefully 

providing unwanted assistance including with service animals; or

viii. Making offensive comments or asking questions about someone's medical 

condition, history of a medical condition, and/or whether they are a person with 

a disability.

d. Harassment based on religion or creed. Examples include, but are not limited to:

i. Sharing inappropriate images or videos with others in the workplace of a 

person’s religion, creed, or a person’s choice to abstain from religiosity;

ii. Sending inappropriate letters, notes, texts, or emails or displaying inappropriate 

images in the workplace of a person’s religion, creed, or a person’s choice to 

abstain from religiosity;

iii. Telling inappropriate jokes or sharing inappropriate religion related anecdotes;

iv. Making inappropriate or mocking religion related gestures; or

v. Making offensive comments or asking questions about someone’s religion, 

creed, or a person’s choice to abstain from religiosity.

e. Harassment based on age (40 or older). Examples include, but are not limited to:

i. Sending inappropriate letters, notes, texts, or e-mails or displaying 

inappropriate age-related images in the workplace;
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FMCS Directive 5809 – Anti-Harassment – May 2022

ii. Telling inappropriate jokes or sharing inappropriate age-related anecdotes;

iii. Making inappropriate or mocking age-related gestures;

iv. Determining and assigning tasks or duties based on a person’s age;

v. Staring in an inappropriate or offensive manner;

vi. Inappropriate touching, including pinching, patting, rubbing, or purposefully 

providing unwanted assistance; or

vii. Making offensive age-related comments or inappropriately asking questions 

about someone’s age.

f. Harassment based on genetic information. Examples include, but are not limited to:

i. Unlawfully obtaining or sharing genetic information, as well as any information 

related to it with others in the workplace;

ii. Sending inappropriate letters, notes, texts, or e-mails related to genetic 

information or displaying inappropriate images in the workplace related to 

genetic information; or

iii. Making offensive comments or asking questions about someone’s genetic 

information or related medical condition, history of a medical condition, and/or 

whether they are a person with a disability.

g. Inappropriate conduct: Inappropriate conduct is also covered and is a separate, broader 

category of misconduct that may not meet the definition of harassment listed above. 

This type of conduct, though inappropriate and covered under this policy, may not 

constitute harassment under the law. Inappropriate conduct includes any comments or 

conduct that disparages or demonstrates hostility or aversion towards any person that 

could reasonably be perceived as disruptive, disrespectful, offensive, or inappropriate 

in the workplace. These may also be referred to as microaggressions. Examples 

include, but are not limited to:

i. Actions or behaviors that adversely impact Agency operations, productivity, 

and/or work environment;

ii. Rude comments, ridicule, disrespectful jokes, or insults;

iii. Inappropriate yelling or emotional outbursts, using expletives, throwing 

objects, or banging/slamming doors;

iv. Inappropriate touching or any form of physical intimidation or aggression (e.g., 

holding, restraining, impeding, or blocking movement, following, inappropriate 

contact or advances, bullying, or any other forms of inappropriate touching);

v. Engaging in a personal relationship with someone in an inherently unequal 

position where there is a real or perceived authority or influence over the other’s 

conditions of employment and/or has the ability to directly impact the other’s 
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FMCS Directive 5809 – Anti-Harassment – May 2022

career progression and not disclosing the relationship and taking steps to 

mitigate the risk to all parties. This may include formal and informal 

supervisory relationships;

vi. Inappropriate or rude gestures, expressions, pictures, or graffiti;

vii. Threats against others or engaging in other threatening behavior;

viii. Psychological bullying or intimidation, such as making statements that are 

false, malicious, disparaging, or derogatory with the intent to hurt another’s 

reputation; or

ix. Engaging in behaviors that may have a dampening effect on reporting 

workplace concerns, such as those that can be perceived as intimidating or 

retaliatory against individuals who report concerns or participate in an 

administrative inquiry or other protected activity.

8. Rights and Responsibilities:

a. Director, FMCS

1. Exercises personal leadership in establishing, maintaining, and carrying out a 

continuing program designed to deter harassment;

2. Ensures resources are allocated to promote a safe and civil organizational 

culture and to create an environment where all individuals are treated with 

respect and dignity; and

3. Holds FMCS leadership, managers, and supervisors accountable under this 

policy.

b. Office of Human Resources (OHR)

1. Assists management officials in conducting prompt and impartial inquiries into 

non-EEO allegations of harassment, obtains third party investigation services;

2. Assists management officials in reviewing reports of inquiry to determine what, 

if any, administrative action is required and advising on appropriate disciplinary 

action;

3. If it appears that the allegations might rise to the level of fraud, waste, abuse, 

or mismanagement, makes referrals to an OIG1 or OSC; and

4. Works with managers and supervisors to process any disciplinary action 

managers decide to implement.

1 The Agency may form an agreement with an external agency to provide services commonly performed by an 

Office of Inspector General. 
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FMCS Directive 5809 – Anti-Harassment – May 2022

c. Office of Equal Employment Opportunity (EEO)

1. Provides agency-wide leadership and guidance on issues of equal employment 

opportunity, diversity, and inclusion;

2. Oversight of all discrimination complaints filed under 29 CFR Part 1614;

3. Providing training and guidance to the FMCS community on their rights and 

responsibilities regarding EEO laws and policies;

4. Providing guidance to managers as appropriate, and when requested, on how to 

address allegations of unlawful harassment because of a legally protected basis;

5. Processes EEO complaints regarding harassment;

6. Provides technical assistance to FMCS staff and training regarding harassment;

and

7. Refers harassment allegations to the OHR if not brought as part of an EEO 

complaint.

d. Office of General Counsel (OGC)

Provides legal advice, represents FMCS in matters relating to harassment, 

reviews documents for legal sufficiency.

e. Office of Inspector General (OIG)/Office of Special Counsel (OSC)

May investigate allegations of harassment in connection with fraud, waste, 

abuse, or mismanagement.

f. All FMCS supervisors and managers shall be responsible for:

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

to prevent retaliation against those who complain of harassment;

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

harassing conduct brought to their attention or personally witnessed;

3. Receiving and handling allegations of harassing conduct promptly and 

appropriately, utilizing the procedures set forth in this Directive; Managers and 

Supervisors should encourage reporting on FMCS Form 5809-1 or should 

ensure collection of the information contained within that form through other 

acceptable format (email or signed statement);

4. In consultation with OHR, providing appropriate interim relief to alleged 

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

further misconduct does not occur; and

5. In consultation with OHR, taking prompt and appropriate corrective and 

disciplinary action, up to and including removal, against personnel who have 
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engaged in harassing conduct.

g. All FMCS employees shall be responsible for:

1. Acting professionally and refraining from harassing conduct;

2. Becoming familiar with the provision of this Directive, complying with all 

requirements of the Directive, and cooperating with any inquiry under this 

Directive; 

3. Timely reporting incidents of workplace harassment, including those incidents 

as a bystander, to any appropriate FMCS manager or supervisor or the resources 

identified in this directive. Complaints may be filed directly with the OHR at 

antiharassment@fmcs.gov;

4. Cooperating fully with investigation of the complaint;

5. Reporting any acts of retaliation related to making a good faith report of 

harassment, or for assisting with an investigation;

6. Being aware that management cannot guarantee confidentiality when 

investigating a workplace harassment complaint; and

7. Taking advantage of the Employee Assistance Program (EAP) counseling 

services, or other personal counseling services, when necessary, to address 

personal problems relating to the workplace harassment.

9. Procedure for Reporting Harassment:

a. Any federal employee, non-federal worker, or contractor who believes they have 

experienced harassment or inappropriate conduct may report such behavior to:

1) antiharassment@fmcs.gov using the intake form FMCS 5809-1; or

2) To any manager or supervisor within FMCS. Managers and Supervisors then 

have an obligation to timely report, within seven (7) calendar days, any 

allegations to the Office of Human Resources for prompt investigation using 

the intake form and forwarding to antiharassment@fmcs.gov; or

3) To the Office of Equal Employment Opportunity at eeo@fmcs.gov, if they 

believe the harassment is prohibited under Directive 9101. Claims of 

harassment not falling within the EEO process will be forwarded to 

antiharassment@fmcs.gov; or

4) If a contractor, report such behavior to their employing organization and/or the 

Contracting Officer’s Representative (COR) and are encouraged to follow any 

reporting requirements set forth by their organization; or

5) To the Director, OHR who will utilize the intake form and forward a copy to 

antiharassment@fmcs.gov within seven (7) calendar days; or
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FMCS Directive 5809 – Anti-Harassment – May 2022

6) Employees may also contact OSC, or an external OIG made available to FMCS 

employees, directly, or may also choose one of FMCS’ formal complaints or 

grievance processes, if applicable. Employees will need to follow the rules and 

timelines for those processes, which differ from the ones in this policy.

b. Once an allegation is raised, the OHR will work with the appropriate managers or 

supervisors to timely investigate the alleged harassment; documenting the investigative 

findings; taking appropriate action, including disciplinary action, to remedy the situation; 

and, making a good faith effort to prevent future incidents from occurring. When 

appropriate, OHR will obtain a third party to conduct a prompt, impartial and thorough 

investigation of all the circumstances surrounding the alleged incident.

1) During this process, a reporting party may initially remain anonymous, but the 

information will be shared with those entities with a need to know. Reports can 

be made anonymously, which means you do not have to identify yourself. 

However, fact finders (either internal or third party) must follow up on all 

allegations of harassment and cannot guarantee that your identity will not be

disclosed during the process. Please note that if you desire to remain 

anonymous, key details about the allegation or concern would need to be 

omitted. This would limit FMCS’ ability to conduct an inquiry and take 

corrective action as warranted.

2) Confidentiality indicates that you desire what you say to be private or secret 

and no further action will be taken. This process is not a confidential 

resource. OHR and management officials cannot guarantee confidentiality 

when it comes to allegations of harassment. If you report an allegation that 

meets the definition of harassment, including sexual harassment, your 

supervisor or manager must contact OHR. There are other offices that operate 

under principles of confidentiality. You can reach out to them to discuss any 

concerns and they are not required to take action, including the Employee 

Assistance Program (EAP) or the FMCS Ombuds, both of which operate under 

principles of confidentiality. Bargaining Unit employees may also reach out to 

their Union Representative.

c. If an employee makes an allegation of harassment against someone outside the Agency 

(such as a customer, vendor, contractor, or consultant), the OHR will complete any 

necessary internal investigation and provide appropriate interim relief, as well as refer 

the allegations to the FMCS Office of General Counsel to handle interactions with or 

consequences to the third party. The Agency may be liable for harassment by third 

parties that it knows about or should have known about (see Section 6c).

d. Any FMCS employee who attempts to retaliate against a person who files a harassment 

complaint or who assisted in the investigation of a discrimination complaint will be 

subject to appropriate disciplinary action in accordance with agency disciplinary 

regulations, the Collective Bargaining Agreement, and Directive 5805 (Disciplinary 

and Adverse Actions).

10. Resolution

a. Corrective Administrative Action 
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FMCS Directive 5809 – Anti-Harassment – May 2022

i. When it is determined that this policy has been violated, the OHR Employee 

and Labor Relations Specialist will coordinate with appropriate management 

officials to develop corrective administrative actions. The corrective 

administrative actions can include a variety of interventions as well as 

appropriate disciplinary actions such as reprimand, proposed suspension, or 

proposed removal and shall always include a reminder that retaliatory treatment 

towards any federal employee, non-federal worker, or contractor for reporting 

allegations of inappropriate conduct or harassment, or for participating as a 

witness in an administrative inquiry or EEO complaint process, is prohibited. 

Other interventions may include training, coaching, facilitated discussions for 

the team, and/or collaborative work with the Employee Assistance Program or 

the FMCS Ombuds. If the respondent is a Government contractor, corrective 

and/or disciplinary action will be the responsibility of the contracting company 

and negative performance may be recorded in the Contractor Performance 

Assessment Reporting System (CPARS), if warranted.

ii. Should any employee or manager not cooperate throughout this process, or not 

implement the corrective administrative action in whole or in part, OHR will 

report this information to the FMCS Director and external entities, as 

appropriate.

b. Communicating Outcomes to Reporting Parties

i. OHR will notify the reporting party of the status of the administrative inquiry 

and when it has been referred to the appropriate management officials. 

However, because of privacy rights and procedures, no further information will 

be provided.

c. EEO Process Not Affected by Anti-Harassment Process

i. This Directive is not intended to replace an employee’s EEO rights. An 

employee may pursue claims of harassing conduct through this Directive or the 

EEO process simultaneously. If an employee wishes to file a formal claim, 

report harassment, seek guidance or counseling, or file a claim of discrimination 

through EEO procedures, they must contact the FMCS EEO Office within 45 

days of the incident or becoming aware of the harassment. Pursuing the antiharassment process through this Directive will not extend or toll any timeframes 

for the EEO process; therefore, employees should be cognizant of timeframes.

11. CONTACT: Office of Human Resources, antiharassment@fmcs.gov

12. EFFECTIVE DATE: This Directive is effective immediately and shall continue until 

superseded or replaced. 

____________________________

Gregory Goldstein, Acting Director