GENERAL SERVICES ADMINISTRATION
Washington, DC 20417
November 16, 2012
1. Purpose. This order defines and prescribes GSA���s policy on harassment, including sexual harassment and sexual misconduct. This policy updates GSA's long-standing commitment to provide a workplace free of discriminatory harassment. GSA's harassment policy ensures that GSA is taking all feasible steps to prevent harassment from occurring and to address such conduct before it becomes severe or pervasive.
2. Cancellation. This order cancels GSA Order ADM 2325.4, and rescinds and replaces any and all existing policy statements in GSA regional offices regarding harassment, including sexual harassment and sexual misconduct.
3. Policy. It is the agency���s policy that GSA shall be free from harassment, including sexual harassment and sexual misconduct. GSA employees are expected to maintain the highest standard of conduct to ensure proper performance of the agency���s business. Employees who report harassment, including sexual harassment and sexual misconduct, are protected against retaliation.
a. Harassment violates Federal law and policy if it is based on race, religion,
color, sex (with or without sexual conduct and including pregnancy and sexual orientation involving transgender status/gender identity, sex-stereotyping and sexual harassment), national origin, or retaliation under Title VII of the Civil Rights Act of 1964, as amended; age under the Age Discrimination in Employment Act of 1967; disability (physical and mental) under the Rehabilitation Act of 1973, as amended under the Americans with Disabilities Amendments Act of 2008; and genetic information under the Genetic Information Nondiscrimination Act of 2008. In addition, all employees and applicants are to be free from harassment without regard to their sexual orientation under Executive Order 13152 (signed May 2, 2000); and/or Executive Order 13087 (signed May 28, 1998); parental status under Executive Order 13152 (signed May 2, 2000); and/or marital status and/or political affiliation under the Civil Service Reform Act of 1978.
Harassment in this context refers to unwelcome verbal or written comment or physical conduct that is so objectively offensive that it alters the terms or conditions of employment or creates a hostile work environment. Harassment is actionable when the conduct results in a tangible change in an employee���s employment status or conditions of employment (for example, demotion, termination, etc.) or is sufficiently severe or pervasive that it creates a hostile work environment. GSA has no tolerance for harassment or for retaliation based on reporting harassment.
b. Sexual harassment as used in this policy statement, means:
(1) Any conduct of a sexual nature, without limitation, through spoken or written communication, gestures or physical contact, sexual advances, requests for sexual favors where acceptance or rejection could affect employment decisions, remarks containing sexual content, or displays of sexually suggestive materials;
(2) Any conduct of a sexual nature that an employee knows or reasonably should know is unwelcome by those to whom it is directed or who witness it;
(3) Any conduct of a sexual nature that is intended, or is reasonably understood as being intended, to threaten, harass, coerce, intimidate, or offend.
(Full PDF Format)