Search Frequenty Asked Questions

DATE:             APR 20, 1998
From:               Nancy-Ann Min DeParle
                         Administrator
TO:                   All HCFA Employees
Subject: Policy Statement on Non-Sexual Harassment, Offensive, and Inappropriate Conduct

The Centers for Medicare & Medicaid Services (CMS) is committed to maintaining a high standard of conduct in the work place and to providing a work environment free from harassing, offensive or inappropriate activity.  Such activities are adverse to the overall accomplishment of our mission and the efficient operation of the federal service.  Accordingly, all CMS employees are responsible for maintaining a high standard of conduct in the workplace and must refrain from engaging in harassing, offensive or inappropriate activities.

Under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973 and the Age Discrimination in Employment of 1967, all employees should be afforded a working environment free of discriminatory harassment, and offensive and inappropriate activities.  CMS will not tolerate conduct by employees that disparages, denigrates or demonstrates hostility or aversion towards any person based upon race, color, religion, gender, national origin, age or disability.  Such conduct constitutes discrimination in the terms, conditions and privileges of employment and is illegal when it has the purpose or effect of creating an intimidating, hostile or offensive work environment; of unreasonably interfering with a person's work performance; or otherwise adversely affecting their employment opportunities.

Moreover, CMS has a zero tolerance policy for any conduct of this nature in the work place that could reasonably be interpreted as harassing, offensive or inappropriate.  Thus, in addition to the standards cited above, it is CMS's policy that any physical contact, comments, jokes, gestures, written documents, pictorials, images or other items or behavior in a work or work-related environment which are designed or intended to disparage, denigrate, or demonstrate hostility or aversion towards a person because of his or her race, color, religion, gender, national origin, age or disability, or that of his or her friends, relatives or associates constitutes harassing, offensive and inappropriate conduct and will not be tolerated.  Examples of such conduct include, but are not limited to, the use of epithets, slurs, negative stereotypes, threats, intimidation, hostile acts, and the use, display or dissemination of written or pictorial material (such as posters, calendars, flyers, memoranda, messages, etc.) on walls, bulletin boards, or elsewhere in the workplace, including on an electronic mail system (E-Mail).

Each CMS employee bears the legal and ethical responsibility to refrain from such unacceptable conduct in the work place.   Managers and supervisors bear the additional responsibility for taking immediate and appropriate corrective action to enforce this policy when they become aware of or should have been aware of the harassing, offensive or inappropriate activities.

Depending on the severity of the circumstances, effective action may entail removing the harasser/offender from the work environment and imposing some form of discipline ranging from a written reprimand to removal from the Federal service.  Managers and supervisors who tolerate such harassment, offensive or inappropriate behavior or fail to take prompt and corrective action upon becoming aware of such activities may receive a reduced rating on their EEO performance element and also may be subject to disciplinary action, up to and including removal from the Federal service.

Any employee who believe he or she has been subjected to harassment, or offensive or inappropriate conduct of this nature should immediately report this to a supervisor or manager for corrective action.  If the employee's supervisor is the source of the harassing, offensive or inappropriate action, the employee should speak to the next highest level of management.  Employees are free to report any incidents involving harassment, offensive or inappropriate conduct of this nature without fear of reprisal.  If the supervisor/manager does not take immediate action to stop the harassing, offending or inappropriate activity, the employee should bring the matter to the attention of an Equal Employment Opportunity Counselor within 45 calendar days of the particular incident.

This policy also applies to incidents of harassment, offensive or inappropriate activities committed at any CMS facility by employees of private contractors against CMS employees and anywhere by CMS employees against employees of private contractors.  Victims of such harassment, offensive or inappropriate conduct must immediately report these incidents to their immediate supervisor/manager who in turn must immediately report the incident to the alleged harasser's/offender's supervisor.

Any comments or questions related to this policy should be addressed to the Director, Office of Equal Opportunity and Civil Rights at (410) 786-5110.