Abusive Conduct in the Workplace

The Abusive Conduct in the Workplace Policy addresses Berkeley Lab’s responsibilities and procedures related to Abusive Conduct and Retaliation for reporting, participating in an investigation, or other process provided for in this Policy.  

You may file a report of abusive conduct with the Office of the Prevention of Harassment and Discrimination (OPHD) via Berkeley Lab’s Webform. 

After receiving the report, OPHD will make an initial assessment, including seeking additional information when appropriate, to determine how to proceed and whether a formal investigation is warranted.

Can I file an anonymous report? 

Anonymous reports and allegations will be reviewed and processed in accordance with the Abusive Conduct in the Workplace Policy, as long as sufficient information is available. 

Is there a time limit to file a report? 

There is no time limit to report abusive conduct, excluding Managers and supervisors. Managers and supervisors who observe suspected Abusive Conduct or receive a report of Abusive Conduct must immediately submit a report. 

Members of the Berkeley Lab Community are strongly encouraged to report abusive conduct even if significant time has passed. However, please be aware that the sooner Berkeley Lab receives a report, the better Berkeley Lab is able to respond, investigate, remedy, and impose discipline, if appropriate. 

Abusive Conduct includes but is not limited to conduct involving physical actions and/or verbal, non-verbal, electronic, or written communication. It is harassing or threatening behavior that is sufficiently severe, persistent, or pervasive conduct in the Workplace that denies, adversely limits, or interferes with a person’s participation in or benefit from the education, employment, or other programs or activities of Berkeley Lab. The conduct creates an environment, whether intended or not, that a reasonable person would find to be intimidating or offensive and unrelated to Berkeley Lab’s legitimate education, employment and business interests. 

The standard applied when assessing conduct, is whether a reasonable person in the same or similar circumstances would find the conduct hostile or offensive in the Workplace given the totality of the circumstances.

For a complete set of definitions, please refer to Section II Definitions of the Policy.

Examples include, but are not limited to, the following types of conduct that otherwise satisfy the definition in Section II of the Policy: 

• Use of abusive and/or insulting language (written, electronic or verbal).

• Spreading false information or malicious rumors.

• Behavior, language, or gestures that frighten, humiliate, belittle, or degrade, including criticism or feedback that is delivered with yelling, screaming, threats, implicit threats, or insults.

• Encouraging others to act, singly or in a group, to intimidate or harass other individuals.

• Making repeated or egregious comments about a person’s appearance, lifestyle, family, culture, country of origin, visa status, religious/spiritual/philosophical beliefs, or political views in a manner not covered by Berkeley Lab’s policies prohibiting discrimination.

• Teasing or making someone the brunt of pranks or practical jokes.

• Interfering with a person’s personal property or work equipment without a legitimate business or educational purpose.

• Circulating photos, videos, or information via e-mail, text messages, social media, or other means without a legitimate business or educational purpose.

• Making unwanted physical contact or encroaching on another individual’s personal space, in ways that would cause discomfort and unease, in a manner not covered by the Sexual Violence and Sexual Harassment policy.

• Purposefully excluding, isolating, or marginalizing a person from normal work activities for non-legitimate business purposes.

• Repeatedly demanding of an individual that the individual do tasks or take actions that are inconsistent with that individual’s job, are not that individual’s responsibility, for which the employee does not have authority, or repeatedly refusing to take “no” for an answer when the individual is within the individual’s right to decline a demand; pressuring an individual to provide information that the individual is not authorized to release (or may not even possess).

• Making threats to block a person’s advancement opportunities, or continued employment at Berkeley Lab without a legitimate business or educational purpose.

• Sabotaging or undermining a person’s work performance.

Examples include, but are not limited to:

• Providing performance appraisals to employees, including negative appraisals.

• Delivering constructive criticism.

• Coaching or providing constructive feedback.

• Monitoring or restricting access to sensitive and confidential information for legitimate business reasons.

• Scheduling regular or ongoing meetings to address performance issues.

• Setting ambitious performance goals to align with departmental goals.

• Investigating alleged misconduct or violation of Berkeley Lab’s policies.

• Counseling or disciplining an employee for performance, engaging in misconduct, or violating Berkeley Lab’s policies.

• Engaging in assertive behavior.

• Having a disagreement.

• Making unpopular statements or articulating positions on controversial issues.

• Participating in debates and expressing differences of opinion about academic decisions.

• Participating in a formal complaint resolution or grievance process.

Freedom of speech, freedom of expression, and academic freedom are essential to the mission of University of California system, including Berkeley Lab. The free exchange of ideas is necessary for the discovery and dissemination of knowledge. However, freedom of speech is not limitless and, for example, do not protect speech or expressive conduct that violates federal and state anti-discrimination laws.

This policy prohibits Retaliation against any person who reports Abusive Conduct, assists someone with a report of Abusive Conduct, or participates, in good faith, in an investigation or other process under this policy. 

Retaliation includes, but is not limited to, threats, intimidation, coercion, and adverse actions related to employment. Any such Retaliation is a violation of this policy, independent of whether the report of Abusive Conduct is substantiated.

If you believe you have been subjected to retaliation, you can file a report with OPHD by filing a report via Berkeley Lab’s Webform.

All Berkeley Lab employees are required to complete the Abusive Conduct in the Workplace training through the University of California (UC) Learning Center. This course should take approximately 20 minutes to complete.

Topics include:

• An overview of what is and isn't abusive conduct

• Guidance on how to prevent abusive conduct

• Guidance on how to respond to and report abusive conduct, if it occurs

• Resources and reporting options available to UC community members who have experienced or witnessed abusive conduct