Reporting, Investigating, and Taking Action on Allegations of Sexual Harassment and Sexual Misconduct
The Department of Justice strives for a workplace free from sexual harassment and sexual misconduct. It is the Department's policy to treat harassing conduct as misconduct, even if it does not rise to the level of harassment actionable under Title VII of the Civil Rights Act of 1964. The Department will not wait for a pattern of offensive conduct to emerge before addressing claims of harassment. Rather, the Department will act before the harassing conduct is so pervasive and offensive as to constitute a hostile environment.
Managers and staff employees alike must be aware of and follow the Department's policies and procedures that help ensure that: (1) substantiated allegations of sexual harassment or sexual misconduct result in serious and consistent disciplinary action; (2) components report allegations of sexual harassment or sexual misconduct to the Office of Inspector General and their security divisions when appropriate; (3) components appropriately consider allegations of, or disciplinary actions for, sexual harassment or misconduct in making decisions about awards, public recognition, or favorable personnel actions; and (4) components are held accountable for handling allegations of sexual harassment and sexual misconduct. These policies and procedures are available below. They are to be implemented consistent with merit system principles; labor-management responsibilities as outlined in Title V, Chapter 71 of the United States Code; and any applicable collective bargaining agreements.
The following policies and guidance are in effect:
Sexual Harassment and Sexual Misconduct
- April 30, 2018 Memorandum from the Deputy Attorney General: “Sexual Harassment and Sexual Misconduct”
- April 30, 2018 Memorandum from the Assistant Attorney General for Administration: “Sexual Harassment and Sexual Misconduct”
- April 30, 2018 Memorandum from the Deputy Assistant Attorney General for Human Resources and Administration & Chief Human Capital Officer: “Consideration of Misconduct in Making Decisions Regarding Awards, Public Recognition, and Favorable Personnel Actions”
Policies and Procedures Relating to On- and Off-Duty Misconduct
It is the policy of the Department to maintain a workforce that demonstrates the high standards of ethical and professional conduct necessary for the effective accomplishment of the Department's mission. Misconduct, whether on- or off-duty, can negatively affect the Department's mission. Therefore, it is important that the Department and its Components maintain effective policies for on- and off-duty conduct and clearly communicate those policies to our employees.
In addition to the information provided above relating to sexual harassment and sexual misconduct, the following policies and guidance also remain in effect:
- April 30, 2018 Memorandum from the Deputy Assistant Attorney General for Human Resources and Administration & Chief Human Capital Officer: “Consideration of Misconduct in Making Decisions Regarding Awards, Public Recognition, and Favorable Personnel Actions”
- January 29, 2016, Memorandum from the Assistant Attorney General for Administration and Designated Agency Ethics Official: “Off-Duty Conduct”
- October 9, 2015 Memorandum from the Attorney General: “Prevention of Harassment in the Workplace”
- April 10, 2015 Memorandum from the Attorney General: “Prohibition on the Solicitation of Prostitution”
- November 19, 2013 Policy Statement 1200.2: “Federal Workplace Responses To Domestic Violence, Sexual Assault, and Stalking”