Responsible Employees

If you believe that you have experienced discrimination, harassment, or retaliation, you can file a report or make a formal grievance/complaint with OPHD. Whether to report or file a formal complaint is a personal choice.

• Harassment/Discrimination Complaint Submission Form

• Email: ophd@lbl.gov

• Phone: 510-486-7585 

Regardless of whether you choose to file a report or make a grievance/complaint, please know that support services are available to you, and OPHD can assist you with identifying those services.

When an individual discloses a possible incident of Prohibited Conduct, you should inform them that you are a Responsible Employee who must report any information they share with you to the Local Implementation Officer, which is OPHD at Berkeley Lab. 

As a Responsible Employee, you must contact your Local Implementation Officer as soon as possible and share whatever information you have, including the names of any individuals involved, their contact information, and any details of the incident. (See How to Report below, for more information.)

As a Responsible Employee, you should report to the Local Implementation Officer even if you are unsure that the incident actually occurred or whether it constitutes Prohibited Conduct. Reports should be made even if time has passed since the alleged conduct occurred, the alleged conduct occurred off Berkeley Lab's campus, or the Respondent is a nonaffiliate.

Before any details are disclosed, tell them that you are a Responsible Employee and any information shared with you will be reported. ensure that you continue the conversation so that you can see what supports that employee needs, regardless if they disclose prohibited contact to you. 

Responsible Employees who learn of Prohibited Conduct in the course of their work must notify OPHD at:

• OPHD@lbl.gov; 

• UC Incident Reporting Form for Harassment and Discrimination

Responsible Employees should share with OPHD any details they learn about the alleged Prohibited Conduct, such as:

• The name of the person who experienced the alleged Prohibited Conduct

• The name of the person who is alleged to have engaged in the Prohibited Conduct 

• Incident Details, including the location and date of the most recent incident 

• Any supporting documentation

Prohibited Conduct in the Anti-discrimination Policy includes:

• Discrimination: Unfavorable action taken because of an individual’s actual or perceived Protected Category. Failure to provide reasonable accommodations to individuals when required by law may also constitute discrimination;

• Harassment: Unwelcome conduct based on an individual’s actual or perceived Protected Category that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies, or adversely limits an individual’s participation in or benefit from the education, employment, or other programs or activities of the University of California, including Berkeley Lab, and creates an environment that a reasonable person would find to be intimidating or offensive; 

• Retaliation: An adverse action against an individual based on a) their report or other disclosure of alleged Discrimination and/or Harassment, or b) their participation in, or assistance with the processes provided for in the Anti-Discrimination Policy. 

The Anti-Discrimination Policy defines Protected Category as an identity protected by federal or state law, including: 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 in the employment context), or veteran or military status.

National or ethnic origin and/or ancestry extends to actual or perceived shared ancestry, which includes actual or perceived shared ancestry or ethnic characteristics, or citizenship or residency in a country with a dominant religion or distinct religious identity. This includes, for example, antisemitic, anti-Arab, and Islamophobic Discrimination or Harassment.

Prohibited Conduct in the Sexual Violence & Sexual Harassment Policy includes:

• Sexual Assault – Penetration ( Penetration, no matter how slight, of the Complainant’s vagina or anus by any part of the Respondent’s hand or by a medical device, if the Respondent engaged in the conduct for a sexual purpose)

• Sexual Assault – Contact (Intentionally, and for a sexual purpose: touching Complainant’s intimate body part (genitals, anus, groin, breast, or buttocks), or  making the Complainant touch themselves on an intimate body part, whether the intimate body part is clothed or unclothed). 

• Invasions of Sexual Privacy (For a sexual purpose:  watching or enabling others to watch the Complainant’s nudity or sexual acts; or  making or attempting to make photographs (including videos) or audio recordings, or posting, transmitting or distributing such recorded material, depicting the Complainant’s nudity or sexual acts.

• Sexual Harassment (Conduct that meets the definition of Pro Quo Sexual Harassment or Hostile Environment Sexual Harassment as defined in Section II of the SVSH Policy, if Respondent engaged in the conduct for a sexual purpose)

Prohibited Conduct in the Abusive Conduct Policy includes: 

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 business interests.

A Responsible Employee is any Berkeley Lab employee (including student employee), who learns of Prohibited Conduct in the course of their work. 

OPHD, Human Resources Administrators, supervisors, managers, and faculty, including department deans and chairs, are Responsible Employees with additional reporting obligations. 

Berkeley Lab has very limited circumstances where individuals are confidential employees. Examples of a Confidential Resources include:

• Licensed Counselors and Psychological Services 

• Employee Assistance Programs

• Ombuds

• Individuals with a professional license requiring confidentiality, or someone who is supervised by such an individual; and 

• Pastoral Counselors who are recognized by a religious order or denomination as someone who provides confidential counseling

With a few exceptions (including imminent risk of harm and danger) Confidential Resources can not share information without an individual's written consent. Therefore, information reported to Confidential Resources is not considered an official report to Berkeley Lab. 

Note that designation as a “Confidential Resource” under the Anti-Discrimination Policy only exempts an individual from reporting to the Local Implementation Officer which is OPHD at Berkeley Lab. However, it does not affect other mandatory reporting obligations under other policies or laws that require reporting to campus or local law enforcement or Child Protective Services.