1. The Employer acknowledges that sexual harassment undermines the integrity of the Federal Government and will not be condoned. Merit System principles require that all employees be allowed to work in an environment free from sexual harassment. Further, sexual harassment is a prohibited personnel practice when it results in discrimination for or against an employee on the basis of conduct not related to performance, such as the taking or refusal to take a personnel action, including promotion of Employees who submit to sexual advances or refusal to promote Employees who resist or protest sexual overtures.
2. Sexual Harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a 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 working environment.
3. An Employee may seek the services of an EEO Counselor to process the employee's complaint of sexual harassment. The complaint will be processed in accordance with the provisions contained in 29 CFR 1614.104 through 29 CFR 1614.110, and the instructions for complaint processing contained in the Equal Employment Opportunity Commission's Management Directive 110. The Employer agrees to honor to the fullest extent possible within available resources any counselor preference the Employee may have.
4. Individuals may report any incident of sexual harassment to the Inspector General (IG) either by calling (800) 424-5081 (toll free) or by writing to Post Office Box 57016, Washington, D.C. 20037. If an Employee elects not to contact an EEO Counselor or the IG, the Employee may contact the immediate supervisor, branch chief, the servicing Employee Relations Specialist, or the Bureau Labor Relations Officer to report incidents of sexual harassment. Upon such contact, the Employer will immediately conduct an inquiry into the matter. In determining whether the alleged conduct constitutes sexual harassment, the Employer will look at the record as a whole and the totality of the circumstances, such as the nature of the sexual advance(s) and the context in which the alleged incident(s) occurred. The Employer agrees to take prompt action to protect its employees from such activity when it is determined there is merit to the allegations of sexual harassment. 5. Individuals who in good faith report violations of DOI/USGS sexual harassment policy are assured of freedom from restraint, interference, coercion, discrimination or reprisal for reporting violations, and any employee found to have violated this assurance shall be disciplined pursuant to Federal regulations.
6. The Parties agree that due to the nature of complaints of sexual harassment, and the provisions of law which require discipline for individuals who violate sexual harassment policy, it is normally in the best interest of the complainant to settle complaints informally without the need for formal proceedings which may cause embarrassment or duress for the complainant. The Employer agrees to work quickly to provide reasonable accommodations to the complainant when the results of the investigation of the complaint so warrant. The Parties agree that the confidentiality of information related to the complaint, the investigation and any resulting resolution are paramount to the effective handling of these types of complaints.
Nothing in this paragraph shall be interpreted as limiting or prohibiting an Employee from exercising his/her right to file a formal complaint of sexual harassment through either the EEO procedures or under the negotiated grievance procedures contained in this Agreement, but not both. However, if a grievance, filed under the negotiated procedures, results in arbitration, the scope of the arbitration will be limited to determining: (1) if a violation of sexual harassment policy has occurred; (2) by whom the policy was violated; and (3) the appropriate personal relief for the grievant. The Employer retains the right to determine the appropriate disciplinary action to be taken against whomever was determined to have violated the sexual harassment policy.
7. The Employer agrees to provide access to the EEOC Guidelines on sexual harassment to the Union upon request. The Union may make a reasonable number of copies of any portion of the Guidelines.