Harassment Prevention and Responses for DoD Civilian Employees/Section 3: Prohibited Harassment

by Office of the Under Secretary of Defense for Personnel and Readiness

Section 3: Prohibited Harassment

3.1. HARASSMENT ADVERSELY AFFECTING THE WORK ENVIRONMENT.

The conduct prohibited by this policy includes, but is broader than, the legal definitions of harassment and sexual harassment. Behavior that is unwelcome or offensive to a reasonable person and that interferes with work performance or creates an intimidating, hostile, or offensive work environment is prohibited. All allegations of harassment must be evaluated under the totality of the circumstances, to include an assessment of the nature of the conduct and the context in which the conduct occurred. In some circumstances, a single incident of harassing behavior is prohibited harassment whereas, in other circumstances, repeated or recurring harassing behavior may be required to constitute prohibited harassment.

3.2. PROHIBITED HARASSMENT BEHAVIORS.

a. Harassing behavior may include, but is not limited to:

(1) Unwanted physical contact.

(2) Offensive jokes.

(3) Epithets or name-calling.

(4) Ridicule or mockery.

(5) Insults or put-downs.

(6) Displays of offensive objects or imagery.

(7) Offensive non-verbal gestures.

(8) Stereotyping.

(9) Intimidating acts.

(10) Veiled threats of violence.

(11) Threatening or provoking remarks.

(12) Racial or other slurs.

(13) Derogatory remarks about a person’s accent or disability.

(14) Displays of racially offensive symbols.

(15) Hazing.

(16) Bullying.

b. Unlawful harassing conduct may include, but is not limited to:

(1) Unlawful discriminatory harassment.

(2) Sexual harassment.

(3) Stalking.

3.3. MEANS OF HARASSMENT.

Harassment can be oral, visual, written, physical, or electronic. Harassment can occur through electronic communications, including social media, other forms of communication, and in person.

3.4. BEHAVIOR THAT IS NOT HARASSMENT.

Activities or actions undertaken for a proper military or governmental purpose, such as combat survival training, assignment of work related to the duties and responsibilities of the employee, and performance counseling, are not harassing behaviors. Moreover, this policy prohibiting harassment is not a “general civility code.” Behavior that is rude, ignorant, abrasive, or unkind, but does not adversely affect the work environment as described in Paragraph 3.1, is not harassment.