Rachel Lerner
Tue, 04/25/2023
On April 20, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance entitled “Promising Practices for Preventing Harassment in the Federal Sector.” The EEOC is the federal agency responsible for preventing and remedying unlawful employment discrimination in the workplace. The Promising Practices document lays out requirements and recommended promising practices that federal sector employers can take to improve their anti-harassment programs. The requirements implement the Equal Employment Opportunity Management Directive 715 (MD-715), which establishes standards for ensuring that federal agencies take proactive steps to develop and maintain model EEO programs. The recommendations and promising practices are meant to strengthen anti-harassment programs.
The document provides requirements and recommendations in four areas: (1) leadership and accountability, (2) comprehensive and effective anti-harassment policies, (3) effective and accessible anti-harassment programs, and (4) effective anti-harassment training.
Under “leadership and accountability” some of the promising practices recommended by the EEOC include issuing and distributing an annual anti-harassment policy statement, periodically meeting with designated officials to discuss the agency’s anti-harassment program, and incorporating anti-harassment efforts into the agency’s strategic plan. Under the “comprehensive and effective anti-harassment policy” prong, the EEOC recommends an assurance that bullying, intimidation, and stalking will not be tolerated, a discussion of how the agency’s anti-harassment policy may be violated through work-related conduct that occurs on virtual platforms, and a specific discussion of technology-facilitated gender-based violence and online harassment and abuse.
Some of the promising practices under the “effective and accessible harassment program” prong include allowing for anonymous reporting of harassment through multiple platforms, providing education about the distinction between the anti-harassment program and the EEO program, and engaging in trend analysis of harassment complaints. Lastly, under “effective anti-harassment training,” the EEOC recommends including information about harassment in remote environments, contact information for the individuals responsible for addressing harassment questions, concerns, and complaints, and an emphasis on the agency’s prohibition on retaliation for engaging in protected activity, such as reporting harassment. The EEOC also recommends supervisors and managers receive separate anti-harassment training, which includes reminders that supervisors and managers have a responsibility to report harassing conduct, information on how to monitor online harassment, and trauma-informed training for personnel who may receive or respond to allegations of harassment.
While federal agencies are not required to adopt the recommended practices, they are encouraged to consider the adoption to help prevent workplace harassment. An agency’s implementation of the promising practices does not necessarily constitute a defense to a harassment complaint, but it will enhance the agency’s compliance efforts. These promising practices may also be helpful for organizations outside the federal government.
MSE represents federal workers in a wide range of employment issues, including those who have experienced unlawful discrimination in the workplace. For more information and resources for federal employees, visit https://www.mselaborlaw.com/resources/federal-employees. If you have experienced harassment or discrimination, please contact us at info@mselaborlaw.com.
