Army Regulation 690-12, App. D
Department of the Army Anti-Harassment Policy Implementation Procedures
Every Army leader has a duty to provide and maintain an environment of trust and respect for human dignity. Leaders at all levels must guard against harassment and proactively ensure that the work environment is free from all forms of harassment.
Discrimination and workplace harassment based on race, religion, color, sex (including pregnancy, gender identity, and sexual orientation when based on sex stereotyping), color, national origin, age, disability, genetic information, reprisal or other impermissible basis is not acceptable.
All Army leaders must ensure that they immediately and thoroughly investigate every reported incident and take corrective action as appropriate.
Under federal anti-discrimination laws, the agency is automatically liable for unlawful harassment by a supervisor that results in a tangible (negative) employment action, such as termination or failure to promote. If the supervisor’s harassment results in a hostile work environment, but not in a tangible employment action, the agency can avoid liability ONLY if it can prove that:
It reasonably tried to prevent and promptly correct the harassing behavior; and
The employee unreasonably failed to take advantage of any preventative or corrective opportunities the agency provided.
The agency will be liable for harassment by nonsupervisory employees or non-employees it has control over (i.e. independent contractors or customers), if it knew or should have known about the harassment and failed to take prompt and appropriate corrective actions.
If the harassment is based on a Title VII basis (race, sex (including pregnancy, gender identity and sexual orientation when based on sex stereotyping), religion, color, national origin, genetic information, age, disability, or reprisal) the employee may choose to use the EEO pre-complaint process.
Must have Title VII basis
Must report within 45 days of having known, or should have known, about the discriminatory event
Complaint is against supervisor
Must request relief
Process takes from 30-90 days for informal complaint
If no settlement at closure of informal process, employee can file a formal complaint.
Initial Response: A supervisor or management official who receives notice of an allegation or witnesses harassing conduct will contact the servicing legal office within 1 BUSINESS DAY for guidance on the appropriate type of inquiry and response necessary to promptly address and resolve the matters at issue.
Decide if the issue requires further investigation. If the results of an initial inquiry are insufficient to determine whether the issue requires corrective action, the supervisor or management official responsible for taking disciplinary action against the alleged harasser may request further investigation in accordance with AR 15-6. After completion and approval of the AR 15-6 investigation, management may use the information obtained, including the findings and recommendations, in taking corrective action against the alleged harasser, including disciplinary action, if appropriate.
Confidentiality will be maintained to the greatest extent possible; however, management cannot guarantee complete confidentiality because it cannot conduct an effective investigation without disclosing certain information to the alleged harasser and potential witness.
1. The management official responsible for taking disciplinary action against the alleged harasser will promptly evaluate the evidence and determine appropriate action to take in consultation with Legal and the LMER specialist.
2. In cases of alleged severe and pervasive harassing conduct, the management official must consult with the agency’s attorney/labor counsel, and EEO or LMER specialist within 1 business day regarding recommendations on appropriate corrective action.
3. When the inquiry establishes the employee engaged in harassing conduct, that Employee is subject to appropriate disciplinary or other corrective action in accordance with AR 690-700.
When the inquiry establishes a manager or supervisor did not properly carry out their responsibility as provided in these procedures, the manager or supervisor is subject to appropriate disciplinary or other corrective action in accordance with AR 690-700, chp. 751.
Reporting harassment in accordance with the procedures in appendix D does not replace or satisfy the requirements for filing EEO complaints, union grievances or complaints in other forums, nor does it delay or waive the time limits for initiating claims in these forums.
To seek monetary and nonmonetary remedies for unlawful harassment, an employee may file in one of the following forums:
Equal Employment Opportunity. Employees may file an EEO complaint through their servicing EEO Office. The employee must, however, file an EEO complaint within 45 calendar days of the alleged incident or when the employee knew or should have known of the discriminatory or harassing conduct. To the greatest extent possible, EEO officials must adhere to an aggrieved person's right to anonymity during the informal processing of the complaint unless the aggrieved employee waives his or her right to anonymity. AR 690-600 outlines the Army EEO Complaint Process (see also 29 CFR part 1614).
Negotiated grievance procedure. Employees covered by a collective bargaining agreement may file a grievance under their negotiated grievance procedure instead of an EEO complaint if the agreement provides for the option. Bargaining unit employees should contact their union steward or appropriate union official for information about their rights and responsibilities under the negotiated grievance procedure.
MSPB. Eligible federal employees may appeal an adverse agency personnel action (such as a removal or suspension of more than 14 days) with the MSPB if the personnel action is within the jurisdiction of the MSPB. The employee must file an appeal within 30 days of the effective date of an appealable adverse action or within 30 days of the date of receipt of the agency's decision, whichever is later. 5 CFR Part 1201 outlines the procedures for filing appeals, including appeals that include a claim of discrimination or harassment.
If an employee pursues a claim of harassment through the EEO process, the negotiated grievance procedure or an MSPB appeal, the EEO/LMER official who receives notice of the claim will promptly notify the appropriate responsible management official. The management official will treat the notification as a report and follow the procedures outlined in paragraphs D-5 and D-6 of this appendix.
For additional information, contact the EEO complaints manager at (315) 772-6565.