Civil Rights & Harassment Prevention Information for NRCS Partners

1. Civil Rights & Harassment Prevention Information for NRCS Partners

2. If you, or your company, is engaged in business with or receives grants, loan or funds from the Federal government, you should be aware of Civil Rights laws and policies which apply to you.

3. That includes: Federally-assisted Programs: Programs/activities for which Federal financial assistance is provided, directly or through another recipient. The recipient may be a State, public or private agency, institution, or organization.

4. Title VI of the Civil Rights Act of 1964 Protects individuals against discrimination on the basis of race, color, or national origin from participation in anyprogramor activity receiving Federal financial assistance.

5. Title VII of the Civil Rights Act of 1964 Protects individuals against employment discrimination on the basis of national origin, as well as race, color, religion, and sex (including sexual harassment).

6. NRCS Anti-Harassment Policy NRCS is committed to providing a working environment that is free of sexual and nonsexual harassment. NRCS policy on prevention and elimination of harassment, applies to any person employed directly, or through a contract, or through a MOU (memorandum of understanding) with NRCS.

7. What is Harassment ? • Behavior which has the effect of humiliating, intimidating, threatening, or coercing someone through personal attack or hostile acts. • Behavior that can cause the recipient to be embarrassed, uncomfortable and cause emotional distress; slurs, jokes, negative stereotyping

8. What is Harassment ? Written, electronic or graphic material that belittles an individual or group because of race, color, national origin, sex, religion, age, disability, sexual orientation, marital or family status, political beliefs, parental status, reprisal, and/or protected genetic information, or because all or part of an individual’s income is derived from public assistance programs. 

9. Sexual HarassmentSexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 Types of Sexual Harassment include: Quid Pro Quo & Hostile Environment

10. What is Quid Pro Quo? Quid Pro Quo means “this for that”, something is given in return for something else. This includes: • unwelcome sexual advances • requests for sexual favors • other verbal or physical conduct of a sexual nature.

11. Quid Pro Quo - Example: • Quid Pro Quo occurs when a manager or supervisor makes unwelcome sexual advances toward an employee and either states or implies that the employee must submit in order to: • keep his or her job or • receive a raise, promotion or job assignment. • This can only occur when the harasser has authority over the employee.

12. Quid pro quo is usually more severe and occurs less frequently than hostile work environment sexual harassment. The victim or the harasser may be a woman or man, and may be the same or opposite sex.

13. What is Hostile Environment? • Where verbal or nonverbal behavior in the workplace focuses on the sexuality of another person or occurs because of a person’s gender or other protected characteristic. • Where verbal or nonverbal behavior in the workplace is unwanted or unwelcome • Where verbal or nonverbal behavior is severe or pervasive enough to affect the person’s work environment

14. Intent vs. Impact It is important to understand that intent is not relevant in determining whether or not a behavior is sexual harassment. All that matters is the impact of the behavior on the work environment. Regardless of intent, the behavior will be judged on its impact upon the work environment. The statement, "I didn't mean anything by it," is not a valid defense of harassing behavior.

15. Behaviors that can be unwelcome and/or sexual in nature • Physical • Assault • Touching • Blocking • Hugging • Kissing • Pinching • Patting • Leering • Gesturing • Grabbing • Visual • Cartoons • Written documents • Pin-up calendars • Drawings • Computer images • Computer games • Posters • Objects • Faxes • E-mails • Verbal • Jokes, remarks, or questions • Propositions for sexual activity • Pressure for dates • Obscene language which is gender specific or sexual in nature • Inappropriate comments about a person’s body

16. Supervisors and Contractor DO’S • Take the situation seriously • Know the policy on harassment • Make sure employees know that NRCS has a “zero tolerance” policy for discrimination • Maintain confidentiality • Remain neutral • Resolve at local level – report harassment to the District Conservationist whenever possible • Document actions

17. Supervisors’ Responsibilities The law requires those in positions of authority to take action if they know or should have known of discriminatory behaviors. This means you should not wait for a complaint to be filed before taking action. If you become aware of a harassing or discriminating situation, take action immediately to stop the inappropriate behavior. Be observant, notice what is going on in your office and jobsites.

18. USDA Civil RightsOffice of Complaints Filing a formal complaint Complainants should direct a formal complaint to the following (formal complaints cannot be submitted by email): U.S. Department of Agriculture Director, Office of Adjudication and Compliance 1400 Independence Avenue, SW Washington, D.C. 20250-9410 (866) 632-9992 (toll free), (202) 260-1026, or (202) 401-0216 (TDD) or visit: http://www.ascr.usda.gov/complaint_filing_program.html

19. Questions?