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Affirmative Action Program/Equal Employment Opportunity Office

Sexual Harassment Policy

The Laboratory is committed to creating and maintaining a community in which all persons who participate in Laboratory programs and activities can work together in an atmosphere free from all forms of harassment, exploitation, or intimidation, including sexual. Specifically, every member of the Laboratory community should be aware that the Laboratory is strongly opposed to sexual harassment and that such behavior is prohibited by law and by Laboratory policy. It is the intention of the Laboratory to take whatever action may be needed to prevent, correct, and, if necessary, discipline behavior that violates this policy.

Definition of Sexual Harassment

Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature; and when submission to or rejection of this conduct explicitly or implicitly affects a person’s employment or education, unreasonably interferes with a person’s work or educational performance, or creates an intimidating, hostile, or offensive working or learning environment. In the interest of preventing sexual harassment, the Laboratory will respond to reports of any such conduct.

Sexual harassment may include incidents between any members of the Laboratory community, including faculty or nonemployee participants in Laboratory programs, such as vendors, contractors, and visitors. Sexual harassment may occur in hierarchical relationships or between peers, or between persons of the same sex or opposite sex.

In determining whether the reported conduct constitutes sexual harassment, consideration will be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred.

This policy covers unwelcome conduct of a sexual nature. While romantic relationships between members of the Laboratory community may begin as consensual, they may evolve into situations that lead to charges of sexual harassment, subject to this policy.

Harassment that is not sexual in nature but is based on gender, sex stereotyping, or sexual orientation also is prohibited by the University’s nondiscrimination policies[3] if it is sufficiently severe to deny or limit a person’s ability to participate in or benefit from Laboratory programs, employment, or services. While discrimination based on these factors may be distinguished from sexual harassment, these types of discrimination may contribute to the creation of a hostile work environment. Thus, in determining whether a hostile environment due to sexual harassment exists, the Laboratory may take into account acts of discrimination based on gender, sex stereotyping, or sexual orientation.

Retaliation

This policy also prohibits retaliation against a person who reports sexual harassment, assists someone with a report of sexual harassment, or participates in any manner in an investigation or resolution of a sexual harassment report. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment or education.

Dissemination of the Nondiscrimination and Harassment Policy, Educational Programs, and Employee Training

As part of the Laboratory’s commitment to providing a harassment-free working and learning environment, the Nondiscrimination and Harassment Policy will be disseminated widely to the Laboratory community through publications, Web sites, new employee orientations, and other appropriate channels of communication. Educational materials will be available to all members of the Laboratory community, to promote compliance with this policy and familiarity with Laboratory reporting procedures. In addition, the Laboratory has designated employees responsible for reporting sexual harassment and will provide training to those designated employees. Generally, such persons include supervisors, managers, and HR staff. The Laboratory has posted a copy of this policy in a prominent place on its Web site.

Last updated 10/13/2011