Civic Register
| 11.15.17

Does Congress Need to Change its Sexual Harassment Policy?

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What’s the story?

Last week, the Senate passed a bipartisan resolution making sexual harassment training mandatory for senators and their staff.

On Tuesday, the House held a hearing to address issues of sexual harassment in that chamber of Congress.

And on Wednesday, a group of lawmakers introduced the Member and Employee Training and Oversight On Congress Act (ME TOO Congress Act) that, as CBS explained, “seeks to prevent and respond to sexual harassment in Congress and to change the arduous system in place for reporting incidents.”

In our earlier reporting about the #MeToo campaign, we explained how sexual harassment claims against senators or representatives are handled by a process that is unique to other parts of the federal government – and most of the private sector.

As the Washington Post explained in its piece, "How Congress plays by different rules on sexual harassment and misconduct," Congress has passed laws exempting it from those that apply to other employers. One of these, in place since 1995, says that accusers can only file lawsuits if they first “agree to go through months of counseling and mediation.” Even then, a “special congressional office is charged with trying to resolve the cases out of court.”

"When settlements do occur,” the Post wrote, “members do not pay them from their own office funds, a requirement in other federal agencies. Instead, the confidential payments come out of a special U.S. Treasury fund."

Rep. Kirsten Gillibrand (D-NY), one of the co-authors of the ME TOO Act, said:

“The system to address this problem is virtually unknown to most staffers, very confusing to navigate and tilted against victims.”

Why does it matter?

On Tuesday, lawmakers from both sides of the aisle claimed current members of Congress have been involved in sexual harassment. Rep. Jackie Speier (D-CA) presented a letter to the House Administration Committee signed by over 1,500 former Congressional staff members that urged lawmakers to require mandatory sexual harassment training.

In late October, as part of the #MeToo campaign, Speier revealed that she had been forcibly kissed by a high-ranking congressional staff member while working as a congressional aide in the 1970s.

Following the hearing on Tuesday, Speier told reporters:

“I think the culture in this country has been awakened to the fact that we have a serious epidemic in the workplace, in all professions, in all walks of life and it’s incumbent on those who are in authority to address it and address it swiftly.”

Speier is the co-author of the ME TOO Act with Gillibrand. Reps. Ryan Costello (R-PA), Ann McLane Kuster (D-N.H.), and Bruce Poliquin (R-ME) have all signed on as co-sponsors.

"There is a serious sexual harassment problem in Congress, and too many congressional offices are not taking this problem seriously at all,” Gillibrand told reporters.

Rep. Costello added that it is "very unfortunate it has taken this long" to address the “opaque” and “confusing” process of filing a complaint.

The bill would create an in-house counsel for victims of sexual harassment and ensure that interns receive the same protections as paid employees. And counseling and mediation – which is currently mandatory – would become voluntary.

“I am here to protect the victims. We are all here to protect the victims," Speier said.

"We need to make sure that everybody coming to work feels safe coming to work," Rep. Poliquin added.

What do you think?

Is mandatory sexual harassment training for members of Congress and their staff enough? Or does the entire system of reporting – and responding – to sexual harassment claims need to be addressed? Is the ME TOO Act the way to do it? Hit Take Action, tell your reps, then share your thoughts below.

— Josh Herman

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