04/26/2024

The purpose of this Special General Memorandum (SGM) is to communicate the Indian Health Service’s commitment to maintaining a work environment that is free of harassment, including sexual harassment. 

The Indian Health Service (IHS) is committed to fostering a safe and inclusive workplace, free of unlawful discrimination, harassment, and retaliation, where employees can perform and excel to their full potential.  The IHS employees are expected to conduct themselves in a civil and professional manner, reflecting courtesy and respect to all individuals.  Harassment, including sexual harassment, is prohibited and will not be tolerated.  These forms of misconduct affect morale and productivity, which impacts our ability to effectively achieve the IHS mission.

Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity and/or expression, or pregnancy), national origin, older age (beginning at age 40), disability, genetic information (including family medical history), or protected Equal Employment Opportunity (EEO) activity.  A full definition of harassment may be found in Part 11, Chapter 6, "Prevention of Workplace Harassment," Indian Health Manual (IHM).  Under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Rehabilitation Act of 1973, harassment becomes unlawful when:  (1) enduring offensive conduct becomes a condition of continued employment; or (2) the conduct is severe and pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Examples of unwelcome conduct may include verbal, visual, or physical conduct that denigrates or shows hostility or aversion toward individuals or groups based on race, color, religion, sex, national origin, older age, disability, genetic information, or EEO activity.  Sexual harassment, a form of sex discrimination, is unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature.  Specific conduct that is inappropriate in the workplace includes, but is not limited to:  offensive jokes, slurs, epithets, name-calling, ridicule, physical assaults or threats (verbal or non-verbal), bullying, and offensive objects or pictures.

Harassment can occur in a variety of circumstances.  Examples include, but are not limited to, the following:

• The harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee;
• The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct; and
• Unlawful harassment may occur without economic injury to, or discharge of, the victim.

If they feel safe and comfortable doing so, employees who believe they have been harassed (sexually or non-sexually) are encouraged to inform the harasser directly that the behavior is unwelcome and must stop.  Employees should report harassment to a management official, the Office of Human Resources/servicing Area Human Resources Office, or the Diversity Management and Equal Employment Opportunity (DMEEO) staff/servicing Area EEO staff, or the Anti-Harassment Coordinator.  The procedures for reporting and addressing allegations of harassment and inappropriate conduct can be found in Part 11, Chapter 6, "Prevention of Workplace Harassment," IHM (hereinafter “Workplace Harassment Policy” or “Policy”).  The identity of any employee involved in alleged violations of the Workplace Harassment Policy (such as the person making allegations, the person against whom allegations are made, and any witnesses) as well as all reports of alleged violations of the Policy shall be kept confidential, except as necessary to conduct an appropriate investigation, take appropriate disciplinary or corrective action, to comply with the reporting requirements of the Policy, or when otherwise required by law.

Retaliation against any employee for reporting, filing a complaint, or cooperating with an investigation of allegations of harassment is strictly prohibited by law and will not be tolerated. 

Managers and supervisors have the primary responsibility to prevent and act promptly to stop harassment (including sexual harassment).  Failure to act on reported allegations of harassment is unacceptable.  In cases where allegations of harassment are substantiated, corrective action, up to and including termination, will be taken.

In addition to or in lieu of pursuing any remedies under the Workplace Harassment Policy, employees who believe they have been subjected to employment discrimination or retaliation covered under 29 C.F.R. Part 1614 have the right to file an Equal Employment Opportunity (EEO) complaint by contacting an EEO counselor with the DMEEO staff/servicing Area EEO staff within 45 calendar days of the aggrieved action.  A list of EEO Offices is available at https://www.ihs.gov/eeo/staff/.  

Allegations of reprisal for whistleblowing may be reported to the Office of Special Counsel at https://osc.gov/ or 1-800-872-9855, or to the Department of Health and Human Services Office of Inspector General at www.oig.hhs.gov or 1-800-447-8477.

The health and well-being of employees is important to us.  The Employee Assistance Program (EAP) is a confidential resource that Federal employees can use to address personal or work-related concerns.  The EAP office can be contacted at 1-800-222-0364 or www.foh4you.com.

Effective Date

This SGM becomes effective on the date signed.

Supersedure

This SGM supersedes all previous emails on the IHS Anti-Harassment Policy Statement.

/Roselyn Tso/
Roselyn Tso
Director
Indian Health Service