Harassment, Discrimination, and Retaliation

Our Lab community must adhere to the UC Anti-Discrimination Policy. The UC Anti-Discrimination Policy prohibits retaliation as well. Retaliation is an adverse action against a person taken because that person participated in a protected activity. Participating in any manner of investigation or resolution of a report of misconduct is a protected activity.

In addition to our nondiscrimination and harassment prevention policies, our Lab community is responsible for reporting conduct that would be considered crimes or a risk to safety occurring in connection to our location and our programs. Please refer to the list of conduct on the University of California’s website, and view the Clery Act Policy and Clery Crime Definitions. 

Berkeley Lab will respond promptly and effectively to any report of harassment and discrimination and will take appropriate action to prevent, correct, and when necessary, discipline behavior that violates policy. All professional work environment concerns are taken seriously, and there are a variety of available options to take action. Safe and fair responses to concerns are at the heart of ensuring a welcoming professional environment for all.

Anyone at any time can file a report of harassment, discrimination, and retaliation, including anonymously, through the UC Reporting Form for Harassment and Discrimination.  Reporting enables the Lab to address and prevent harm to impacted employees. Lab employees are mandated reporters who are responsible for reporting policy violations, including workplace sexual harassment. 

Once a report has been filed, OPHD will schedule an options meeting with the Complainant to conduct an initial assessment of their grievance. At the initial meeting, the OPHD staff member will gather additional information, as necessary from the Complainant to assess the type of conduct being reported and appropriate next steps. The OPHD staff member will provide information to the Complainant about the Lab’s Grievance Procedure and the various options available to them to resolve their concerns. 

At the option meeting stage, the Complainant will choose if they want to participate in the Resolution Process. In most cases, Complainants will be able to select the type of resolution method used to remedy their concerns. The Complainant may elect to file a Formal Grievance with investigation, a Formal Grievance with Alternative Dispute Resolution, or an Informal Grievance with Supportive Measures. All options available to the Complainant include Supportive Measures, as appropriate. 

People who have experienced Prohibited Conduct may speak confidentially with a Confidential Resource. 

The UC and the Lab offer access to confidential resources for individuals who have experienced Prohibited Conduct and are seeking counseling, emotional support, or confidential information about how to make a report. Everyone is encouraged to consult a confidential resources about their options. Confidential Resources need not report information they receive while acting in their confidential capacity. Disclosures to Confidential Resources while they are acting in their confidential capacity are not “reports” under the SVHS Policy. 

Confidential Resources include professionals with a license requiring them to maintain confidentiality, such as staff in Counseling and Psychological Services, and the Employee Assistance Program (EAP).  

Supportive Measures can include Interim Measures such as services, accommodations, or other measures put in place temporarily to assist or protect the Complainant, the Respondent, or the UC and Lab community. The goal is to restore or preserve a party’s access to a program or activity; or deter prohibited conduct. The Interim Measures may change or terminate depending on the parties’ evolving needs, as assessed by OPHD or they may become permanent as part of the resolution of a grievance. 

Examples of supportive measures that OPHD can help with include, but are not limited to:

• non-contact directives which direct an individual community member to have no direct or indirect contact with another individual community member;

• changes in work schedule, workstation, work location, unit, department, or position; and

• referral to the Employee Assistance Program. 

The Anti-Discrimination  policy addresses the Lab's responsibilities and procedures related to harassment, discrimination, retaliation, and other prohibited behavior as those terms are defined in this Policy (together, “Prohibited Conduct”) in order to ensure an equitable employment environment. 

The Policy defines Prohibited Conduct and explains the administrative procedures used to resolve reports of Prohibited Conduct. Examples of Prohibited Conduct include: (1) Harassment that is unwelcome conduct based on an individual’s actual or perceived Protected Category (2) Discrimination which is an adverse or unequal treatment taken because of an individual's Protected Category, and failure to accommodate (e.g. disability or religion); and (3) Retaliation due to an individual's involvement with a protected activity, including reporting harassment and discrimination. 

The UC Anti-Discrimination Policy defines Protected Category as "an identity protected by federal or state law, including the following: race, religion, color, citizenship, national or ethnic origin, ancestry, sex (including pregnancy, childbirth, lactation or related medical conditions), gender, gender identity, gender expression, gender transition, sexual orientation, physical or mental disability (including having a history of a disability or being regarded as being disabled), medical condition (cancer-related or genetic characteristics), predisposing genetic information (including family medical history), marital status, age (at least 40 years of age), or veteran or military status."

Discrimination is the unequal treatment of individuals with respect to the terms and conditions of their employment, based on their membership or perceived membership in a Protected Category.

Harassment is unwelcome visual, verbal, or physical conduct engaged in on account of a person's actual or perceived membership in a Protected Category. 

The conduct violates the Lab’s policies when (1) enduring the offensive conduct is a condition of continued employment (or participation in the environment) or (2) the conduct is objectively severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. 

General workplace slights, annoyances and isolated incidents (unless extremely serious) will not rise to the level of illegal harassment. 

Berkeley Lab and UC policy prohibit retaliation against a person who reports sexual violence, harassment or discrimination. Retaliation is an adverse action against a person based on their report or other disclosure of alleged sexual violence, harassment or discrimination to a University employee or their participation in the investigation, reporting, remedial, or disciplinary processes provided for in University policy. 

An adverse action is conduct that would discourage a reasonable person from reporting sexual violence, harassment or discrimination or participating in the investigation or resolution of such a report, such as threats, intimidation, harassment and coercion. Retaliation does not include good faith actions lawfully pursued in response to a report of sexual violence, harassment or discrimination. 

Any employee who engages in retaliation may be subject to discipline, including dismissal, in accordance with the applicable UC disciplinary procedures. 

Berkeley Lab is committed to training all Lab employees on the prevention of Harassment and Discrimination. 

All Berkeley Lab employees are required to complete the UC Sexual Violence and Sexual Harassment Prevention for Non-Supervisors training. 

All Berkeley Lab supervisors are required to complete the UC Sexual Violence and Sexual Harassment Prevention for Supervisors, Faculty and MSP  training.

Topics include:

• Recognize sexual harassment, sexual violence, and other prohibited behavior

• Prevent harm before, during and after incidents

• Respond: identify roles and processes for reports

• Resources: seek services, confidential resources, and assistance to help you navigate

• Supervisor: roles and responsibilities

These courses meet the requirements of 2 CCR 11024, California Government Code 12950.1, AB 1825/2053, 34 CFR 668.46 Violence Against Women Act, and UC Policy on Sexual Violence and Sexual Harassment, Abusive Conduct, and Anti-Discrimination.