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NIH is committed to promoting equity, diversity, and inclusion. One way that EDI supports this commitment is by providing guidance to managers and employees on equal employment opportunity (EEO) rights and responsibilities to ensure a diverse and inclusive workplace free from unlawful discrimination and harassment. At NIH we understand that all of our NIH employees want to be treated equitably. Our team is comprised of individuals from across multiple divisions within EDI. Their focus is to improve strategic thinking, manage change, and enhance organizational culture and performance.
Recently Asked Questions and Answers
It would depend on the nature of the complaint. If a religious accommodation is met with resentment and jealousy by co-workers the manager should educate the team about religious accommodation and that the manager is complying with their responsibilities. If a religious accommodation infringes on another co-workers’ ability to perform their tasks or creates a hostile work environment to the surrounding employees the accommodation may qualify as an undue hardship and therefore would not be considered a reasonable accommodation.
The National Institutes of Health is legally obligated to investigate any potential allegations of harassment once it is notified of its existence. Once management is made aware of potentially unlawful behavior it is duty bound to conduct an administrative inquiry regardless of the victim’s wishes.
It would depend on the nature of the complaint. If a religious accommodation is met with resentment and jealousy by co-workers the manager should educate the team about religious accommodation and that the manager is complying with their responsibilities. If a religious accommodation infringes on another co-workers’ ability to perform their tasks or creates a hostile work environment to the surrounding employees the accommodation may qualify as an undue hardship and therefore would not be considered a reasonable accommodation.
Sexual harassment affects more than the person being targeted. A witness to sexual harassment may also be a victim of illegal harassment. If the sexual harassment is severe or pervasive enough to create a hostile, intimidating, or offensive work environment a witness may file a hostile work environment claim. A witness does not have to suffer an adverse employment action to file a hostile work environment claim.
The manager and employee or applicant should promptly engage in an “interactive process” with the employee to determine whether and what type of an accommodation is appropriate. When engaging in the process, the manager and employee or applicant will consider the essential duties, the functional limitations imposed by the disability or medical condition, and the effectiveness of the various options for reasonable accommodation that could mitigate the effects of those functional limitations.
Essential functions are the basic job duties that an employee or applicant must be able to perform, with or without reasonable accommodation.
Essential functions are the fundamental, crucial job duties performed in a position. They do not include marginal functions, which are extra or incidental duties. A function may be essential because:
The position exists to perform that function.
There are limited number of employees available who could perform that function.
The function is highly specialized, and the incumbent is hired for special expertise or ability to perform it.
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