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FOREST SERVICE MANUAL

NATIONAL HEADQUARTERS (WO)

WASHINGTON, DC

FSM 8000 – WORK ENVIRONMENT AND PERFORMANCE OFFICE

CHAPTER 8100 – ANTI-HARASSMENT

Amendment No.: 8000-2021-1

Effective Date: March 25, 2021

Duration: This amendment is effective until superseded or removed.

Approved: VICTORIA CHRISTIANSEN

 Chief

Date Approved: March 25, 2021

Posting Instructions: 

New Document 8100 24 pages

Superseded Document(s) by 

Issuance Number and 

Effective Date

1765

(Amendment 1700-2017-1, 08/17/2017)

12 pages

Digest: This directive recodes FSM 1765 to FSM 8000 and reorganizes and updates policy and 

direction. Primary changes include:

8110.1 – Revises section to include 5 U.S.C. Section 571, Administrative Dispute Resolution Act 

of 1996; 5 U.S.C. Section 7901 and Departmental Regulation (DR) 4710-001, Alternative 

Dispute Resolution (April 5, 2006); 5 U.S.C. 552a; and 5 CFR Part 735 and DR 4070-735-001, 

Employee Responsibilities and Conduct.

8110.2 – Revises section to include “retaliation”, and “expectations and responsibilities to 

prevent and address harassment and retaliation”.

8110.3 – Reorganizes existing direction and sets forth new direction throughout the section.

8110.4 – Revises section and sets for new direction for the “Chief Executive for the Work 

Environment and Performance Office”, “Anti-Harassment Case Managers”, and “Case 

Management Liaisons”.
WO AMENDMENT 8000-2021-1

EFFECTIVE DATE: 03/25/2021

DURATION: This amendment is effective until superseded or removed.

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CHAPTER 8100 – ANTI-HARASSMENT

8110.5 – Revises section to include the following terms and definitions: “Confl ict 

Management and Prevention Center (CMPC)”, “Contractor or Partner”, “Employee Assistance 

Program (EAP)”, “Harassment Assessment and Reporting Team (HART)”, “Harassment 

Reporting Center (HRC)”, “Management Official”, “Personnel Misconduct Investigation 

(PMI)”, and “Retaliation for Reporting or Opposing Harassment”.

8111 – Establishes “Assessing Harassing Behaviors” and identifies differences between 

harassment and non-harassment in the workplace.

8112 – Revises section, sets forth new direction, and establishes processes for “Reporting 

Harassment” to include reporting through the Harassment Reporting Center (HRC). 

8112.2 thru 8112.4 – Establishes reporting process for “Affected Individuals”, “Employees Who 

Witness Harassment”, “EEO Counselors”, and “Managers and Supervisors”.

8112.5 – Establishes “Time Limits to File a Report”.

8114 – Revises section and establishes and sets forth new direction for “Harassment Assessment 

and Review Team (HART) Inquiries” and “Personnel Misconduct Investigations (PMI)”.

8115 – Sets forth new direction and establishes the closure process for Management Officials. 
WO AMENDMENT 8000-2021-1

EFFECTIVE DATE: 03/25/2021

DURATION: This amendment is effective until superseded or removed.

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CHAPTER 8100 – ANTI-HARASSMENT

TABLE OF CONTENTS

8100 - ANTI-HARASSMENT............................................................................................. 4

8110.1 - Authority....................................................................................................................... 4

8110.1a - Labor Relations....................................................................................................... 4

8110.2 - Objectives..................................................................................................................... 5

8110.3 - Policy............................................................................................................................ 5

8110.4 - Responsibility ............................................................................................................... 6

8110.4a - Chief........................................................................................................................ 6

8110.4b - Chief Executive, Work Environment and Performance Office .............................. 6

8110.4c - Deputy Chiefs, Regional Foresters, Station Directors, and Washington Office 

Directors are responsible for:...................................................................................... 7

8110.4d - Managers and Supervisors...................................................................................... 7

8110.4e - Agency Employees ................................................................................................. 9

8110.4f - Contractors, Partners, Volunteers, and Others Performing Work on Behalf of the 

Forest Service.............................................................................................................. 9

8110.4g - National Director, Civil Rights............................................................................... 9

8110.4h - Field Service Center Civil Rights Directors......................................................... 10

8110.4i - Director, Human Resources Management............................................................. 10

8110.4j - Employee Relations Supervisors and Specialists.................................................. 11

8110.4k - Anti-Harassment Case Managers ......................................................................... 11

8110.4l - Anti-Harassment Case Management Liaisons....................................................... 12

8110.5 - Definitions.................................................................................................................. 12

8111 - Assessing Harassing Behaviors..................................................................................... 15

8112 - Reporting Harassment ................................................................................................... 16

8112.1 - Reporting Process and Resources for Affected Individuals................................... 16

8112.2 - Reporting Requirements for Employees Who Witness Harassment ...................... 17

8112.3 - Reporting Requirements for EEO Counselors........................................................ 17

8112.4 - Reporting Requirements for Managers and Supervisors........................................ 17

8112.5 - Time Limits to File a Report .................................................................................. 18

8112.6 - Alternatives to Reporting Through Harassment Reporting Center ........................ 19

8113 - Confidentiality............................................................................................................... 20

8114 - Inquiry/Investigation Requirements.............................................................................. 20

8114.1 - Harassment Assessment and Review Team (HART) Inquiries.............................. 21

8114.2 - Personnel Misconduct Investigations (PMI) .......................................................... 22

8115 - Closure Process, Grievances, Complaints, and Appeals............................................... 23

8115.1 - Relationship to Grievances, Complaints, and Appeals due to Harassment............ 24
WO AMENDMENT 8000-2021-1

EFFECTIVE DATE: 03/25/2021

DURATION: This amendment is effective until superseded or removed.

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CHAPTER 8100 – ANTI-HARASSMENT

8110.1 - Authority 

Title VII of the Civil Rights Act of 1964, Section 703, prohibits employment discrimination 

based on race, color, religion, sex, and national origin.

29 CFR Part 1604.11 states that harassment based on sex is a violation of section 703 of Title 

VII of the Civil Rights Act of 1964.

7 CFR Part 15 prohibits discrimination in Federally assisted programs of the U.S. Department of 

Agriculture (USDA).

Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination in 

employment based on age (40 years or older); it also prohibits retaliation against individuals 

exercising their rights under the statute.

Rehabilitation Act of 1973 prohibits discrimination based on mental and physical disabilities, as 

well as retaliation for exercising rights under the Act.

Equal Employment Opportunity Commission (EEOC) Management Directives 110 and 715

provide guidance relating to the processing of employment discrimination complaints and 

establishing and maintaining effective EEO programs. See also, USDA Anti-Harassment Policy, 

dated May 22, 2020. 

5 U.S.C. Section 571, Administrative Dispute Resolution Act of 1996 provides statutory 

framework for Federal agency use of alternative dispute resolution (ADR). See also, 

Departmental Regulation (DR) 4710-001, Alternative Dispute Resolution (April 5, 2006).

5 U.S.C. Section 7901 establishes services to Federal employees. See also, USDA DR 4430-792-

1, (March 12, 2012), which establishes requirements for USDA to develop and implement an 

Employee Assistance Program, which is designed to assist in the identification and resolution of 

work-related and non-work-related productivity issues.

5 U.S.C. 552a establishes Agency rules for maintaining individual records.

5 CFR Part 735 outlines Employee Responsibilities and Conduct. See also, USDA DR 4070-

735-001, Employee Responsibilities and Conduct. 

5 U.S.C. 2302(b), Prohibited Personnel Practices prohibit any employee who has the authority to 

take, direct others to take, recommend, or approve any personnel action from discrimination 

against any employee or applicant for employment.

8110.1a - Labor Relations

To the extent that any bargaining obligations exist in relation to this policy, they have been 

addressed and are reflected in separate Memoranda of Understanding or Waivers of Bargaining 

with the respective unions representing Agency employees.
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EFFECTIVE DATE: 03/25/2021

DURATION: This amendment is effective until superseded or removed.

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Any future changes to this policy that implicate such bargaining obligations will be addressed by 

affording the respective unions notice and opportunity to negotiate.

8110.2 – Objectives

1. To make Forest Service programs, activities, and work environment free of 

harassment and retaliation.

2. To provide training for employees, periodic notification to employees, and 

appropriate notification in programs and activities concerning the prohibitions against 

harassment and the steps to take if harassment or retaliation is experienced or 

observed.

3. To take actions to prevent harassment and retaliation from occurring and to take 

appropriate corrective actions, to include disciplinary actions, against those 

responsible when harassment or retaliation does occur. 

4. To establish expectations and responsibilities to prevent and address harassment and 

retaliation, and to sustain a productive, respectful work environment.

8110.3 - Policy

The Forest Service is committed to maintaining a work environment in which all people are 

treated with dignity, fairness, and respect, and are free from harassment, bullying, and retaliation.

This policy applies to all Forest Service employees in their working relationship with other 

Federal employees, non-Federal employees, and the public. The policy also applies to persons 

working under contract or other formal agreements with the Forest Service, such as 

Administratively Determined (AD) and volunteers.

The Agency prohibits the following conduct, as further defined in section 8110.5:

1. Sexual Assault/Violence;

2. Sexual Harassment;

3. EEO-Based Harassment;

4. Other Workplace Harassment (non-EEO, including bullying); and

5. Retaliation against employees who report or oppose harassment.

Forest Service employees shall take appropriate steps to address harassment. This may include 

implementing appropriate corrective and disciplinary action when an inquiry supports a finding 

that harassment has occurred, or when an employee, Manager, or Supervisor fails to follow the 

procedures in this policy. Forest Service employees shall not retaliate against employees who 
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DURATION: This amendment is effective until superseded or removed.

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experience, oppose, identify, allege, report, investigate, or participate in investigations or 

inquiries regarding harassment.

Reports of harassment will be handled in a confidential manner, to the extent allowed by 

applicable law. Just as the Agency must protect the rights of those who report harassment, it 

must also provide due process and protect the privacy rights of employees who are accused of 

harassment. Reports of harassment will be disseminated only to those who have a need to know, 

including people who are responsible for investigating allegations, determining whether 

harassment occurred, developing recommendations, and implementing corrective measures.

Employees who believe they have experienced harassment are encouraged to voice their 

objections concerning this behavior to the offending person and/or report such incidents as 

provided in section 8112.

8110.4 – Responsibility

8110.4a – Chief

The Chief of the Forest Service is responsible for:

 

1. Establishing the Forest Service’s anti-harassment policy;

2. Issuing an annual notice regarding the anti-harassment policy;

3. Providing overall direction for Agency-wide implementation of the anti-harassment

program; and

4. Establishing anti-harassment training requirements.

8110.4b - Chief Executive, Work Environment and Performance Office

The Chief Executive for the Work Environment and Performance Office (WEPO) is responsible 

for:

1. Providing strategic framework, national program objectives, technical assistance, 

support, and oversight to ensure compliance with this policy; 

2. Disseminating the anti-harassment policy to all Agency employees annually; 

3. Instructing all Supervisors and Managers to disseminate the anti-harassment policy to 

their respective contractors, partners, volunteers, and others performing work on 

behalf of the Forest Service; 
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4. Establishing and updating policies, procedures, and guidelines to administer the 

Forest Service’s anti-harassment program, in consultation with Civil Rights (CR) and 

Human Resources Management (HRM); 

5. Developing, coordinating, and conducting anti-harassment training for employees,

Supervisors, and Managers at least annually, in consultation with CR, HRM, and 

Office of General Counsel (OGC);

6. Reassigning the matter to another program or to one of the regions or stations when a 

conflict of interest arises;

7. Ensuring all established WEPO processes and procedures are followed; and

8. Periodically reviewing anti-harassment data to identify trends in the overall work 

environment and areas of the organization that require additional attention from 

leadership. 

8110.4c - Deputy Chiefs, Regional Foresters, Station Directors, and Washington 

Office Directors are responsible for:

1. Ensuring employees are informed of the Forest Service’s anti-harassment policy and 

procedures;

2. Promoting efforts of management and employees to eliminate harassment and 

retaliation based on harassment;

3. Enforcing the anti-harassment policy and procedures;

4. Evaluating subordinate Managers and Supervisors on their performance under this 

 policy;

5. Providing employees with periodic notification concerning prohibitions against 

harassment and retaliation and methods for reporting incidents; and

6. Displaying or making available copies of relevant policies and procedures.

8110.4d - Managers and Supervisors

All Managers and Supervisors play a unique role within the Agency in leading by example and 

living the Agency’s Values and demonstrating the Agency’s Code and Commitments through 

their leadership and supervision of their staffs. 

Every Manager and Supervisor is responsible for:

1. Fostering a workplace free of harassment and retaliation and setting a personal 

example of appropriate workplace conduct;
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DURATION: This amendment is effective until superseded or removed.

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2. Addressing non-harassment workplace conflicts among their employees through 

appropriate supervision, disciplinary or performance actions, training, mentoring, or 

referrals to Employee Assistance Program (EAP), Conflict Management Prevention 

Center, or other available resources;

3. Taking immediate action to stop harassing behavior when it occurs, such as verbally 

instructing employees to stop the behavior and temporarily separating employees (to 

avoid any real or perceived retaliation, if separation of the parties is necessary, the 

alleged offender should be moved, unless the affected individual specifically requests 

to be moved);

4. Ensuring their employees know the required procedures for dealing with harassment 

and that employees receive training on these procedures and on awareness and 

prevention of harassment;

5. Following all reporting requirements described in subsection 8112.4 or otherwise 

required by law;

6. Preventing retaliation against those who experience, oppose, identify, allege, report, 

investigate, or participate in investigations or inquiries regarding harassment;

7. Handling notifications of harassment promptly, thoroughly, and appropriately, in 

accordance with the procedures in this policy;

8. Offering assistance to the affected individual (which may include such things as

referral to EAP, offer of Alternative Dispute Resolution, a cooling-off period,

temporary work assignments, telework in accordance with Departmental Regulation

4080-811-002, or alternate work locations) and working with the affected individual 

to identify assistance that is appropriate for the situation;

9. Cooperating and collaborating with the Work Environment and Performance Office, 

Anti-Harassment Case Managers, Employee Relations (ER), and Civil Rights to 

ensure that Agency employees comply with the requirements of this policy;

10. Initiating and/or conducting management inquiries, when assigned to do so, for a case 

that is not assigned for formal misconduct investigation or a Harassment Assessment 

and Review Team (HART) inquiry, as provided in sections 8111 and 8112.5, below;

11. Assisting all authorized investigations and HART inquiries by facilitating the 

availability and cooperation of employees for interviews and statements, as may be 

required; and

12. Working with Agency ER staff to take appropriate disciplinary, performance, or other 

corrective action against those employees who have violated the Agency’s antiharassment policy.
WO AMENDMENT 8000-2021-1

EFFECTIVE DATE: 03/25/2021

DURATION: This amendment is effective until superseded or removed.

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8110.4e - Agency Employees

All Agency employees are responsible for:

1. Acting professionally, refraining from engaging in harassment or retaliation, and 

adhering to a standard of conduct that is respectful and courteous to others;

2. Understanding the provisions of this policy, complying with all requirements, and 

cooperating with any inquiry/investigation;

3. Participating in periodic anti-harassment training; and

4. Promptly reporting witnessed incidents of harassment in accordance with the

procedures under section 8112. of this policy. 

8110.4f - Contractors, Partners, Volunteers, and Others Performing Work on 

Behalf of the Forest Service

Contractors, partners, volunteers, and others performing work on behalf of the Forest Service are 

expected to avoid behaviors prohibited by this policy. The Agency will take action to address 

reported incidents in order to provide a safe and harassment-free environment for employees. 

Forest Service Supervisors and Managers responsible for administering these contracts, 

partnerships, grants and agreements, volunteers, and others performing work on behalf of the 

Agency will disseminate the anti-harassment policy and take appropriate steps to identify and 

correct behaviors that are not consistent with Forest Service policy. Agency Supervisors and 

Managers will ensure their staffs notify their respective Agency contractors and partners about 

the anti-harassment policy whenever such contractors or partners sign, extend, or otherwise 

renew a contract or agreement.

8110.4g - National Director, Civil Rights

The Agency’s National Director of Civil Rights is responsible for:

1. Providing technical assistance, support, and oversight to ensure compliance with this 

policy; and

2. Collaborating with the Field Service Center Civil Rights Directors and Chief 

Executive, Work Environment and Performance Office (WEPO), to:

a. Support the establishment and updating of policies, procedures, and guidelines to 

administer the Agency’s anti-harassment program; and

b. Support the development, coordination, and delivery of anti-harassment training 

for employees, Supervisors, and Managers, collaborating with WEPO, Human 

Resources Management, and the Office of General Counsel.
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8110.4h - Field Service Center Civil Rights Directors

Field Service Center Civil Rights (CR) Directors are responsible for:

1. Providing technical assistance and support to Anti-Harassment (AH) Case Managers 

as requested to ensure compliance with this policy and provide advice and guidance 

as needed; 

2. Supporting Managers and Supervisors in fulfilling their responsibilities throughout 

the harassment reporting process, including consultation on interim measures and 

notification to the affected individuals of their Equal Employment Opportunity (EEO)

rights; 

3. Collaborating with the Work Environment and Performance Office (WEPO), Human 

Resources Management (HRM) and local leadership to annually disseminate the antiharassment policy to all Agency employees;

4. Collaborating with WEPO, HRM, and local leadership to jointly develop, coordinate, 

and conduct anti-harassment training for employees, Supervisors, Managers, and

others doing work on behalf of the Agency; and

5. Providing AH Case Managers with appropriate information or documentation related 

to pending harassment inquiries or investigations, in accordance with applicable law, 

rule, or regulation.

8110.4i - Director, Human Resources Management

The Agency’s Director of Human Resources Management is responsible for:

1. Providing technical assistance, support, and oversight to ensure compliance with this 

policy; and

2. Supporting the following, in collaboration with the Agency’s National Director of 

Civil Rights and Chief Executive, Work Environment and Performance Office:

a. Establishment and updating of policies, procedures, and guidelines to administer 

the Forest Service’s anti-harassment program; and

b. Development, coordination, and delivery of anti-harassment training for 

employees, Supervisors, and Managers.

3. Ensure all established Employee Relations processes and procedures are followed in 

addressing issues of conduct and performance.
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DURATION: This amendment is effective until superseded or removed.

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8110.4j - Employee Relations Supervisors and Specialists

Agency Employee Relations (ER) Supervisors and Specialists are responsible for:

1. Providing technical assistance and support to Anti-Harassment Case Managers, as 

required, to ensure compliance with this policy;

2. Collaborating with the Work Environment and Performance Office, Civil Rights, and 

local leadership to jointly develop, coordinate, and conduct anti-harassment training 

for employees, Supervisors, Managers, and others doing work on behalf of the 

Agency;

3. Providing guidance, advice, and assistance to management in requesting a formal 

misconduct investigation when appropriate; and

4. Following applicable ER processes and procedures for cases of disciplinary and 

performance actions arising under this policy. 

8110.4k - Anti-Harassment Case Managers

Anti-Harassment (AH) Case Managers are responsible for:

1. Providing advice and guidance to Managers, Supervisors, and all others who have 

responsibilities under this policy, and assisting them to meet their obligations;

2. Facilitating discussions with Employee Relations (ER), Civil Rights, the Work 

Environment and Performance Office (including, but not limited to, the Conflict 

Management and Prevention Center), and Labor Relations, as needed;

3. Monitoring procedural timelines and appropriately reporting when those timelines 

and other requirements are not met;

4. Determining, in accordance with this policy, if reports of harassment should be:

a. Assigned to the Harassment Assessment and Review Team (HART) for

inquiry;

b. Referred to ER for a formal Personnel Misconduct Investigation; or

c. Referred to a designated Management Official for inquiry, consistent with 

sections 8111 and 8112.5, below;

5. Ensuring the accuracy, completeness, and quality of HART reports of inquiry; and

6. Collecting data as needed to update the case-management system.
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8110.4l - Anti-Harassment Case Management Liaisons

Forest Service Case Management Liaisons are responsible for working in conjunction with Case 

Managers to ensure that affected individuals under this policy are informed as early as possible 

in the process of:

1. The requirements, procedures, and timeframes involved in the process;

2. The potential outcomes;

3. Other available resources (such as administrative or negotiated grievance procedures, 

informal or formal Equal Employment Opportunity complaints, the Conflict 

Management and Prevention Center, or Employee Assistance Program) without 

providing any opinions or guidance as to which resource may be appropriate for the 

affected individual under the circumstances; and

4. The availability of the Liaison to serve as a point of contact for additional questions

throughout the inquiry process.

Generally, this initial contact should occur before the affected individual is contacted by an 

inquiry official for an interview.

The Case Management Liaison will re-contact the affected individual prior to the case being 

referred to the employee’s Supervisor or Manager for a close-out meeting on the findings of the 

inquiry, to explain the closure process.

8110.5 - Definitions

Affected Individual. Any individual, to include non-employees, who experiences 

harassment as defined within this policy, by an employee or while on Forest Service 

controlled property. 

Alleged Offender. An individual who is alleged to have engaged in harassing behavior as 

described within this policy. Alleged offenders can be non-employees if harassing 

behavior is directed toward a Forest Service employee during the performance of official 

duties or while on Forest Service controlled property.

Conflict Management and Prevention Center (CMPC). A program within the Workplace 

Environment and Performance Office that offers alternative dispute resolution and related 

assistance to all employees.

Contractor or Partner. For purposes of this policy, contractors are those who sign, 

extend, or otherwise renew formal contracts with the Agency. Partners are those who 

sign, extend, or otherwise renew formal partnership grants and agreements with the 

Agency.
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EEO-Based Harassment. Any type of unwelcome intimidation, ridicule, insults, 

comments, or verbal or physical conduct, that is based on race, color, religion, age (40 

years or older), disability (physical or mental), national origin, reprisal, sex/gender

(whether or not of a sexual nature), sexual orientation, disability, marital and/or parental 

status when:

a. Submission to such conduct is made either explicitly or implicitly a term or 

condition of an individual’s employment;

b. A Manager/Supervisor/team leader makes an employee’s submission to or 

rejection of such conduct the basis for employment decisions affecting the 

employee; or

c. The conduct is intended to or has the effect of unreasonably interfering 

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

offensive work environment.

Employee Assistance Program (EAP). A program offered by the Agency to counsel 

employees on personal issues.

Harassment Assessment and Reporting Team (HART). HART is a cadre of trained 

specialists and/or contractors not assigned to a specific region, station, or area. HART 

will conduct inquiries on most harassment allegations that do not require a formal 

personnel misconduct investigation.

Harassment Reporting Center (HRC). The HRC is staffed by contracted representatives 

to receive reports of harassment at the toll-free number: (844) 815-8943.

Management Official. The Agency representative responsible for disposition of a 

specific matter under this policy. Generally, the Management Official will be at or above 

the level of Forest Supervisor, or equivalent position.

Other Workplace Harassment (non-EEO based, including Bullying). Any form of 

unwelcome, pervasive, persistent, and unsolicited verbal, non-verbal, written, or physical 

conduct that is objectively offensive and could alter the affected individual’s terms and 

conditions of employment. It includes both workplace harassment and bullying.

a. Workplace harassment culminates in a tangible employment action by being 

sufficiently severe or pervasive as to interfere with an employee’s work 

performance by creating an intimidating, abusive, offensive, or hostile work 

environment.

b. Bullying is repeated abusive behavior that is threatening, humiliating, or 
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intimidating. It may be direct or indirect, whether verbal, physical or otherwise, 

by one or more persons against another or others, at the place of work and/or 

during employment.

Personnel Misconduct Investigation (PMI). An administrative investigation into 

allegations of employee misconduct, carried out in accordance with USDA Departmental 

Personnel Manual 751, Subchapter 3.

Retaliation for Reporting or Opposing Harassment. Retaliation is imposing any 

administrative action, failing to take action, or engaging in any form of harassment or 

bullying, against any employee for reporting matters covered under this policy, for being 

involved in an inquiry or investigation related to such a report, or for exercising any other 

rights granted them under this policy.

Sexual Assault/Sexual Violence. Any type of sexual contact or behaviors that are 

attempted or completed without the individual’s consent, or when an individual cannot 

consent because of age, disability, the influence of alcohol or drugs, or any other reason 

preventing the individual from providing consent. Examples may include, but are not 

limited to, forced or attempted sexual intercourse, voyeurism, exposure to exhibitionism, 

public display of images that were taken in a private context or when the individual was 

unaware, fondling, grabbing, unwanted sexual contact and attempted rape.

Sexual Harassment. Unwelcome sexual advances, requests for sexual favors, and other 

verbal or physical conduct of sexual nature when:

a. Submission to such conduct is made, either explicitly or implicitly, a term or 

condition of an individual’s employment;

b. Submission to, or rejection of, such conduct by an individual is used as the basis 

for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an 

individual’s work performance or creating an intimidating, hostile, or offensive 

work environment.

Sexual harassment can occur at any time and any location, regardless of whether the acts 

occur on or off the workplace or Federal property, and whether they occur during or 

outside work hours. It may consist of an isolated incident or a pattern of repeated 

behavior with a sexual connotation.

Examples of sexual harassment include, but are not limited to:

a. Graphic verbal commentaries, verbal exchanges, or jokes with a sexual 

connotation;
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b. Behavior with sexual overtones which is intimidating or offensive to the recipient, 

or to one who observes such behavior or other displays;

c. Using sexually degrading words to describe an individual;

d. Unnecessary or inappropriate touching or grabbing, or making lewd gestures;

e. Pressuring for sexual activity;

f. Repeated unwelcomed flirtations or requests for dates;

g. Offensive sexual flirtation, advances, or propositioning;

h. Suggestive comments about or references to someone’s anatomy, or ridicule or 

teasing regarding an employee’s gender identity, gender expression, or sexual 

orientation; and/or

i. Viewing or displaying pornographic or sexually explicit materials that may be 

seen or heard by other employees during employment, regardless of the means or 

methods (such as, but not limited to, print, hard copy, audio or electronic). 

8111 - Assessing Harassing Behaviors

The difference between harassment and non-harassment in the workplace can be difficult to 

define. In most cases, an employee’s conflict with coworkers or Supervisors is not considered 

harassment. However, conflict can escalate into harassment if not properly resolved. 

The following are examples of what is typically not considered harassment, unless alleged as 

part of a pattern of harassing behavior or as retaliation for reporting or opposing harassment:

1. Experiencing minor slights or annoyances;

2. Experiencing normal stress associated with work;

3. Having minor disagreements with coworkers;

4. Disagreeing with a Supervisor’s instruction or Forest Service policy;

5. Receiving objective and constructive feedback about work performance;

6. Changing work assignments or work schedules;

7. Receiving discipline for misconduct, performance-based actions, or other 

administrative actions;
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8. Being required to cooperate in an official inquiry or investigation; or

9. Being accused of harassment or misconduct by another employee.

Reports limited to the issues listed above, or single occurrences, or other issues or allegations 

that do not rise to the level of harassment as defined in this policy, will usually be closed without 

investigation or inquiry and referred to the appropriate management official to address and/or the 

Conflict Management and Prevention Center to assist in mitigating or resolving the conflict.

However, a Harassment Assessment and Reporting Team inquiry or misconduct investigation, as 

appropriate, is required for all incidents alleging sexual assault, sexual violence, sexual 

harassment, EEO-based harassment, a pattern of harassing behavior, or retaliation for reporting 

or opposing harassment (unless time limits as provided in section 8112.5 below are not met).

8112 - Reporting Harassment

Since the Agency can only take action if it knows about incidents of harassment, certain 

reporting requirements and procedures have been established. Different types of reporters have 

different reporting requirements, as set forth in the subsections that follow.

To simplify the reporting process for all forms of harassment, the Agency has established the 

Harassment Reporting Center (HRC). The HRC is staffed by contracted representatives and can 

be reached by calling their toll-free number: (844) 815-8943.

While employees may report harassment to any Supervisor or Manager, they are strongly 

encouraged to make reports directly to the HRC to ensure timeliness and accuracy. If a Manager 

or Supervisor is the alleged offender and the harassment is reported to that same Manager or 

Supervisor, then that Manager or Supervisor shall:

1. Provide the HRC toll-free number to the affected individual for them to file a 

timely report; and 

2. Notify their own first-line Supervisor of the incident.

Supervisors, Managers, and other employees are prohibited from retaliating against employees 

who experience, oppose, identify, allege, report, investigate, or participate in investigations or 

inquiries regarding harassment. 

8112.1 - Reporting Process and Resources for Affected Individuals

Affected individuals are encouraged to resolve incidents at the lowest organizational level 

possible. In many cases, this may include confronting the offending person, when it is safe to do 

so, and asking them to stop. If an affected individual is not comfortable confronting the alleged 

offender, or the alleged offender was confronted and the behavior did not stop, the affected 
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individual may report instances of harassment by calling the Harassment Reporting Center or 

notifying any Agency Supervisor or Manager.

Reporting harassment does not replace, prevent, or alter the deadlines for an employee using 

other administrative procedures (Equal Employment Opportunity complaints, grievances, Merit 

System Protection Board appeals, and so forth) to address the alleged harassment.

Affected individuals may contact the Conflict Management and Prevention Center (CMPC) at 

any time, whether the behavior rises to the level of harassment. Contacting CMPC does not 

constitute making a report of harassment. CMPC Managers are covered under the ADR Act and 

are not mandatory reporters under this policy.

8112.2 - Reporting Requirements for Employees Who Witness Harassment

Employees who directly witness harassment are required to report what they witnessed to the 

Harassment Reporting Center within three calendar days and shall provide complete details of 

the incident. Witnesses may remain anonymous but should provide enough information for the 

Agency to effectively look into the matter. This includes providing dates, times, and the names 

of the affected individual and alleged offender.

8112.3 - Reporting Requirements for EEO Counselors

Consistent with law, rule, or regulation, EEO Counselors shall report sexual assault/violence, as 

provided in section 8112.4.

8112.4 - Reporting Requirements for Managers and Supervisors

The reporting requirements for Managers and Supervisors are determined by the nature of the 

harassment that has occurred.

1. Sexual Assault/Sexual Violence. Managers and Supervisors who witness, become 

aware of, or receive a report of sexual assault or sexual violence, as defined in this 

policy, are required to:

a. Contact local law enforcement immediately, not to exceed 24-hours. This 

notification includes filing a criminal report on behalf of the affected 

individual, if a report does not exist or is not known to exist. If a criminal 

report exists, request to obtain any/all releasable information (at least the 

report or case number);

b. Report the incident to the Harassment Reporting Center (HRC) within 24-

hours if a report does not exist or is not known to exist;

c. Contact Employee Relations (ER) and Civil Rights (CR) within one duty day; 

and
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d. Ensure affected individuals are provided appropriate resources and support. 

Case Managers are available to provide assistance in identifying appropriate 

resources.

2. Sexual Harassment and Equal Employment Opportunity (EEO) Harassment. 

Managers or Supervisors who witness, become aware of, or receive a report of sexual

harassment or EEO-based harassment, as defined in this policy, are required to:

a. Report the incident to the HRC within 24-hours, if a report does not exist or is 

not known to exist;

b. Contact ER and CR within one duty day; and

c. Ensure affected individuals are provided appropriate resources and support. 

Case Managers are available to provide assistance in identifying appropriate 

resources. 

3. Other Workplace Harassment (Including Bullying). Managers or Supervisors who

witness, become aware of, or receive a report of an incident of other workplace 

harassment or bullying, as defined in this policy, are required to:

a. Report the incident to the HRC within three calendar days, if a report does not 

exist or is not known to exist, and contact ER and CR; and

b. Ensure affected individuals are provided appropriate resources and support. 

Case Managers are available to provide assistance in identifying appropriate 

resources. 

8112.5 - Time Limits to File a Report 

The following time limitations apply for reporting different types of harassment or harassing 

behavior under this policy. This section does not alter the timelines for filing Equal Employment 

Opportunity complaints, grievances, or other processes described in Section 8112.6, below. 

1. Sexual Assault/Sexual Violence and Sexual Harassment. Reporting requirements in 

this policy apply regardless of how long ago the alleged sexual assault, sexual 

violence, or sexual harassment occurred, and all such reports will be accepted. 

However, the age of an incident can have an impact on the investigation due to

potential unavailability of witnesses or evidence.

2. EEO-Based Harassment and Other Workplace Harassment (Including Bullying). 

Incidents of harassment, other than sexual assault, sexual violence, and sexual

harassment, reported more than 90 days after the most recent incident or occurrence 

will generally not be considered timely for a Harassment Assessment Reporting Team
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inquiry and will instead be closed and referred to the appropriate Manager or 

Supervisor. A referral may also be made to the Conflict Management and Prevention 

Center, the Employee Assistance Program, or other employee support programs.

8112.6 - Alternatives to Reporting Through Harassment Reporting Center (HRC)

The reporting procedures in this policy are not a substitute for, and do not replace or preclude or 

alter the deadlines for other procedural avenues for addressing harassment as described below.

The anti-harassment process is separate and distinct from any rights or obligations in the Equal 

Employment Opportunity Commission (EEOC), Merit Systems Protection Board (MSPB), or 

internal grievance processes. Filing a report through the anti-harassment process does not extend 

any timeframes to file a complaint, grievance, or appeal.

In addition to or instead of reporting harassment through the HRC, employees may use one or 

more of the following processes. Employees should note that each process may have its own 

important time limits for filing.

1. EEO Complaint. Anyone who believes they have been subjected to unlawful 

discrimination under the civil rights rules and regulations governed by the EEOC or 

Agency policy, including sexual harassment or reprisal for harassment-related Civil 

Rights activity may also file a complaint of discrimination by contacting an EEO 

Counselor at (404) 347-1908, within 45-calendar days after becoming aware of such 

unlawful discrimination. The EEO reporting process is different from the antiharassment reporting process and has different timeframes. Filing an anti-harassment 

report does not extend or change EEO filing timeframes.

2. USDA Office of Inspector General (OIG) Hotline. This hotline is available for 

reporting incidents of sexual harassment, reprisal, and any other reports of fraud, 

waste, abuse, or employee misconduct. The OIG Hotline can be reached by calling: 

(800) 424-9121, (202) 690-1622, or (202) 690-1202 (TDD). Written reports can be 

mailed to: USDA, OIG, PO Box 23399, Washington, DC, 20026-3399. You can also 

visit the OIG website (https://www.usda.gov/oig/hotline) to submit a report online.

3. Office of Special Counsel (OSC). Under the Whistleblower Protection Act of 1989, 

an individual who alleges that a personnel action was taken, or not taken, or 

threatened because of “whistleblowing” may file a complaint with the Special 

Counsel, asking that the Special Counsel seek corrective action with MSPB. An 

individual may seek corrective action from MSPB directly if the Special Counsel 

does not seek corrective action on his or her behalf. Additional information regarding 

the OSC complaint process may be found at: https://osc.gov/Pages/FileComplaint.aspx.

4. Agency Administrative Grievance Procedure. For direction on filing a grievance 

related to harassment under the administrative grievance system, see Departmental 

Regulation, 4070-771, Administrative Grievance System (AGS). This regulation 
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outlines matters covered in the AGS. Issues appealable to the Equal Employment 

Opportunity Commission (EEOC), to include EEO complaints, are excluded from the 

AGS.

5. Negotiated Grievance Procedure. Bargaining unit employees may file grievances 

related to harassment under applicable negotiated procedures for their represented 

unit, which may be found on the Forest Service Labor Relations web site located at: 

http://fsweb.wo.fs.fed.us/hrm/labor-relations/index.php.

8113 – Confidentiality

Reports of harassment will be handled in a confidential manner, to the extent allowed by law. 

Just as the Agency must protect the rights of those who report harassment, it must also provide 

due process and protect the privacy rights of employees who are accused of harassment and/or 

receive discipline or other corrective action as a result of misconduct. Reports of harassment 

will be disseminated only to those who have a need to know, including people who are 

responsible for investigating allegations, determining whether harassment occurred, developing 

recommendations, or implementing corrective measures.

8114 - Inquiry/Investigation Requirements 

Reports of harassment, as defined in this policy, will be assigned for inquiry or formal personnel 

misconduct investigation (PMI) based on the nature of the allegation and circumstances. Matters 

determined not to be harassment, as described under section 8111, or reported beyond the 

timeframe provided under section 8112.5, above, may be closed and referred to the appropriate 

Manager or Supervisor for further action.

1. Sexual Assault/Sexual Violence. All allegations of sexual assault or sexual violence 

will be assigned for a PMI once the criminal investigation is complete or law 

enforcement has issued a declination to pursue criminal prosecution. If a criminal 

investigation or other investigative report exists and the report includes sufficient 

evidence, no further investigation is necessary.

2. Sexual Harassment. Allegations of sexual harassment will be assigned for a PMI

unless the circumstances of a particular case indicate that a Harassment Assessment 

Review Team (HART) inquiry would be sufficient to determine the facts or the 

alleged offender is not a Federal employee, as determined by the Anti-Harassment

(AH) Case Manager in consultation with the Employee Relations (ER) Supervisor

and Management Official.

3. EEO-Based and Other Workplace Harassment (including Bullying). Allegations of 

EEO-based and other workplace harassment or bullying will be assigned for HART 

inquiry unless particular circumstances justify a PMI or referral for the appropriate 

Management Official for inquiry.
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4. Retaliation for Reporting or Opposing Harassment. Allegations of retaliation will be 

referred for HART inquiry unless particular circumstances justify a PMI or referral to 

the appropriate Management Official for inquiry, as determined by the AH Case 

Manager in consultation with the ER Supervisor, and Management Official.

The inquiry or investigation report will be provided to the Management Official. If the report 

identifies potential misconduct or performance issues, the report will also be provided to ER.

Upon receipt of a report of harassment, Management must take such action as is necessary and 

appropriate to prevent any further harassment or retaliation before, during, and after the 

inquiry/investigation.

8114.1 - Harassment Assessment and Review Team (HART) Inquiries

HART is a cadre of trained specialists and/or contractors working under the direction of the 

Anti-Harassment (AH) Case Managers. HART inquiries will be conducted on most harassment 

allegations that do not require a formal personnel misconduct investigation (PMI). This function 

is located within the Work Environment and Performance Office.

1. Once an inquiry is assigned to HART, the inquiry should begin within seven calendar 

days and normally be completed within 30 calendar days of the start of the inquiry. 

Complex inquires may take longer, based upon the number of interviews required, the

availability of witnesses, and amount of evidence collected.

2. Employees must respond within three workdays to HART Inquiry Officials’ requests 

to schedule an interview unless there are extenuating circumstances.

3. Management Officials are responsible for ensuring all employees are available within 

this timeframe and notifying the AH Case Manager of any absences or other 

extenuating circumstances that may result in delays.

4. Affected individuals may decline to participate in the inquiry without being subject to 

disciplinary action for not cooperating. The HART inquiry may continue if there is 

sufficient information, and the affected individual’s declination will be noted in the 

report.

5. An affected individual’s request to terminate the inquiry will be considered; however, 

particular circumstances (such as the egregiousness of the conduct or prior history of 

harassment by the alleged offender) may justify its continuation, and the affected 

individual’s request will be noted in the report.

6. AH Case Managers will provide a copy of the final HART report of inquiry and all 

supporting documentation and evidence to the Management Official. The 

Management Official shall thoroughly review the report and conduct a meeting 

within seven calendar days with the AH Case Manager to discuss the findings. The 
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Case Manager will include Employee Relations, Civil Rights, Labor Relations, or the

Conflict Management and Prevention Center in the discussion for their advice, as 

appropriate, based on the findings and next steps under consideration.

7. When potential misconduct or performance issues are identified, the report will be 

referred to the appropriate Employee Relations staff for assessment and 

recommendation to the appropriate Management Official regarding necessary 

corrective action and/or determination that a formal personnel misconduct 

investigation is necessary.

8114.2 - Personnel Misconduct Investigations (PMI)

Requests for PMIs must be prepared by a Manager or Line Officer who can authorize an 

investigation, normally a Forest Supervisor or equivalent. Managers should submit requests 

within seven calendar days to the Agency’s PMI Program Manager for assignment to an 

investigator. Employee Relations (ER) will advise and assist in the preparation of the request.

1. PMIs should begin within 14 calendar days of receiving the request and be 

completed within 45 calendar days of the investigation start date. Complex 

investigations may take longer based upon the number of interviews, 

availability of witnesses, and amount of evidence collected.

2. Employees must respond to personnel misconduct investigators’ requests for

interviews within three workdays, unless there are extenuating circumstances. 

3. Management Officials are responsible for ensuring all employees are available 

within this timeframe or notifying the PMI Program Manager of any absences or 

other extenuating circumstances that my result in delays.

4. Affected individuals may decline to participate in the investigation without being 

subject to disciplinary action for not cooperating. The investigation will continue if 

there is sufficient information to proceed, and the affected individual’s declination 

will be noted in the report.

5. An affected individual’s request to terminate the investigation will be given due 

consideration, but the Agency will determine whether the nature of allegations justify 

its continuation.

6. The PMI Program Manager shall forward a copy of the investigative report to the 

requesting Management Official, AH Case Manager, and Employee Relations. The 

Management Official shall thoroughly review the report and conduct a meeting 

within seven calendar days to discuss the findings with the Anti-Harassment Case 

Manager and ER.

7. ER will assess each report of investigation in accordance with normal ER processes 
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and procedures. This includes making a recommendation to the appropriate 

Supervisor, Manager, or Line Officer on necessary corrective action(s).

8115 - Closure Process, Grievances, Complaints, and Appeals 

The intent of the closure process is for the Management Official to provide closure to the 

affected individual(s) and the alleged offender(s), as well as getting to the root cause, restoring 

relationships, resolving conflict and improving the work environment. This is a very critical 

stage, and if not done or if done improperly, the issue can remain unresolved and could have an 

increased negative impact on the individuals and the unit. Whether or not misconduct is 

substantiated, the Management Official shall appropriately address any underlying or 

contributing factors identified by the investigation or inquiry. This may include reference to our 

Code and Commitments, referral to the Conflict Management and Prevention Center (CMPC), 

clarifying expectations for workplace behavior and/or identifying training, counseling, and 

teambuilding activities. 

Upon notification from the Anti-Harassment (AH) Case Manager that the case is ready for 

closure, the Manager or Supervisor must:

1. Meet with the affected individual(s) and the alleged offender(s) separately and within 

seven calendar days of completion of the inquiry/investigation to discuss the matter. 

These meetings may be conducted by phone or in person, as appropriate;

2. Discuss available options to address conflict, such as services from CMPC or 

Employee Assistance Program, training, coaching, mentoring, and more;

3. Communicate clear expectations on how the employees should conduct themselves in 

the workplace;

4. Remind employees of the prohibition against retaliation and inform them to report 

any retaliation immediately; and

5. Provide a summary of the closure meetings to the AH Case Manager via email. The 

AH Case Manager will then ensure an automatic closure notice is sent to the 

appropriate individuals.

6. If corrective action was taken on proven misconduct, no closure meeting is necessary 

for the alleged offender. The corrective action notice is considered the closeout in

those situations.

Managers or Supervisors shall not provide copies of reports of inquiries or investigations, either 

as part of the closure process or upon request. 
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8115.1 - Relationship to Grievances, Complaints, and Appeals due to Harassment

The anti-harassment process does not include any procedures to challenge or appeal the finding 

of Agency inquiries or investigations, or the actions of management that result or do not result 

from a harassment report.