---
kind: "section"
citation: "49 C.F.R. § 1019.5"
title: "49"
number: "1019.5"
heading: "Sexual harassment."
url: "https://uscodex.org/cfr/49/1019.5"
---

# §1019.5. Sexual harassment.

- (a) Members and employees shall not engage in harassment on the basis of sex. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
  - (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
  - (2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
  - (3) Such conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, offensive, or unpleasant working environment.
- (b) Employees and applicants may follow the standard Equal Employment Opportunity Board complaint process if they believe they have a work-related sexual harassment problem. This requires that the employee or applicant contact an EEO Counselor within 45 days of the alleged harassment or, if a personnel action is involved, within 45 days of its effective date.
- (c) The regulations in this section apply also to harassment based on race, color, religion, or national origin.

## Notes

### Authority

Authority: 49 U.S.C. 1321.

### Source

Source: 58 FR 42027, Aug. 6, 1993, unless otherwise noted.