The EEOC and individual agencies have taken numerous steps against harassment in the federal workplace, yet claims of non-sexual harassment have ranked first in claims filed under the federal sector EEO process over the last two decades, EEOC has said.
The percentage of federal sector complaints alleging non-sexual harassment has increased over the past 10 years, and while the percentage of complaints alleging sexual harassment declined from 2009 through 2012, complaints of sexual harassment have recently been on the rise, it said.
The Commission recently reviewed over 70 anti-harassment policies submitted by agencies, finding them much improved overall from a review it did in 2004. “Overall, agencies now have policies that include all federally protected classes for harassment claims, both sexual and non-sexual. That said, any emphasis given to sexual harassment needs to be clear that harassment because of sex is not limited to sexual conduct,” it said.
Another concern with those written policies is their lack of readability. “When drafting policies, agencies should include the required legal information, but ensure that they do so in a way that is not convoluted or difficult to follow. Real implementation of anti-harassment polices requires agencies to use plain language. Universal readability is necessary to comply with the proactive requirement of Title VII. It could also preemptively limit litigation through clarity and broader understanding of the law,” it said.
The article was part of the agency’s latest quarterly digest of decisions and other developments in EEO law in the federal sector.