CRO - Sexual Harassment Policy

It is NIST policy that all employees must be allowed to work in an environment free from unsolicited and unwelcome verbal or physical sexual advances. Sexual harassment is a form of unlawful conduct which undermines the integrity of the employment relationship. Therefore, it is NIST's position that sexual harassment is unacceptable conduct in the workplace and will not be tolerated. Complaints and determinations of sexual harassment will be examined through the NIST's EEO complaint process. Violations of this policy can result in legal action.

The purpose of this policy is to remove from the working environment activities of a sexual nature which create an intimidating, hostile, or offensive work environment or impede the ability of a person to perform a job. In addition, this policy serves to create an atmosphere which allows and encourages those who may be the victims of harassment to first inform the person indulging in the harassment, that the action is offensive. If the harassment continues, then the complaint process should be used to address this form of conduct. The scope of activities that this policy addresses can range from harassment as a result of joking to cases of soliciting sexual favors.

Harassment on the basis of sex is a violation of Title VII of the Civil Rights Act of 1964, as amended. Because of the continued prevalence of this unlawful practice, the Equal Employment Opportunity Commission (EEOC) has issued guidelines to assist in the efforts to curtail sexual harassment. Based on and consistent with the EEOC Guidelines on Sexual Harassment, NIST in its role as an employer has taken the position of seeking to eliminate sexual harassment from the workplace.

Sexual harassment is any unsolicited or unwelcome verbal comment, gesture, or physical contact of a sexual nature. Criteria to be used in determining whether an action constitutes unlawful behavior are as follows:

1. Submission to sexually harassing conduct is either an explicit or implicit term or condition of employment.

2. Submission to or rejection of sexually harassing conduct is used as the basis to control, influence, or affect the job, salary, or career of an employee.

3. Sexually harassing conduct has the purpose or effect of interfering with work performance or creating an intimidating, hostile, or offensive work environment.

Office of Human Resources Management will incorporate the NIST policy against sexual harassment into the employee orientation program and as a mandatory element for internal supervisory and management training.

Managers and Supervisors are held accountable for enforcing standards of appropriate office behavior and are expected to take prompt action to deal with any conduct identified as sexual harassment under this policy.

Employees will comply with the NIST policy against sexual harassment. In addition, employees who feel that they are victims of sexual harassment have several avenues of redress. They may confront the harasser, or seek help from their supervisor or higher level official who will promptly handle the matter. They may also initiate a discrimination complaint by contacting an EEO Counselor within 45 days of the harassment, report it to the Department of Commerce's Office of Inspector General, or report it as a prohibited personnel practice to the Office of Special Counsel.