Reforming Congress’s Sexual Harassment Claims Process & Making Members Personally Repay Settlements (S. 2952)

What is S. 2952?

(Updated November 15, 2018)

This bill would reform the process used to handle claims of sexual harassment or other workplace discrimination in Congress. It’d eliminate the mandatory counseling and mediation periods of the current process, require lawmakers to personally repay settlements stemming from their actions, and ensure employees are educated about their workplace rights.

Process Reforms

Several elements of the current sexual harassment and workplace discrimination claim process would be eliminated, including the mandatory 30-day “counseling” period, the mandatory 30-day mediation phase, and the 30-day “cooling off” period.

The new process would allow a victim to immediately pursue as the initial stage mediation, either with an administrative hearing through the Office of Compliance (OOC, renamed from the OCWR) or a civil action in federal district court. The employee would still have the option to engage in mediation, but wouldn’t be required to. Employees would also be able to consult with a confidential advisor (an attorney with relevant experience in workplace law) for assistance in navigating the claims process and their options.

Employee Protections

Employees would have immediate access to a dedicated advocate who will provide consultation and assistance throughout proceedings through the OOC. They would also be permitted to request remote work and paid leave without fear of retribution. Notification of employee rights would be required to be posted by all legislative branch employing offices. OOC would be required to establish an electronic system for taking in claims by victims, tracking those claims throughout the process, and generating reports on various details of claims.

Additional support for state, district, and regional legislative branch staff would be provided to ensure they have the same access to OOC resources, training opportunities, guidance, and advice as Washington D.C. based legislative branch workers. Protections would be extended to unpaid staff including interns, detailees, and fellows as well as staff working on legislative branch commissions.

Accountability

Members of the House and Senate would be held personally accountable for repaying awards and settlements stemming from acts of harassment they personally commit. Members who leave office would still be responsible for repayment, including through the garnishment of non-government wages and retirement annuities to ensure full repayment.

Public reports of OOC awards and settlements that include identification of whether a member of Congress has properly reimbursed the U.S. Treasury would be required. Awards and settlements would be automatically referred to the Ethics Committee when there is a claim against a member or senior staff. The Ethics Committee would have to review and approve settlements of harassment claims against a member within 90 days.

Additionally, an annual survey of staff each Congress would be required to examine the workplace culture on Capitol Hill.

Argument in favor

This long overdue, bipartisan bill makes clear that Congress has no tolerance for workplace sexual harassment or discrimination while protecting victims. It also ensures that lawmakers can’t use taxpayer funds to repay settlements stemming from their misconduct.

Argument opposed

The existing process Congress uses to settle sexual harassment and workplace discrimination claims and its mandatory cooling of and mediation periods should be maintained. Lawmakers shouldn’t be personally responsible for paying settlements against them.

Impact

Victims; the public; members of Congress; the OOC; and Congress.

Cost of S. 2952

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Amy Klobuchar (D-MN) introduced this bill to reform Congress’s process for handling sexual harassment and workplace discrimination claims, protect workers, increase transparency, and hold members of Congress accountable:

“Workplace harassment is a widespread problem that affects too many men and women in too many places, professions, and industries. Congress isn’t immune to it -- for too long victims of workplace harassment in the Senate have been forced into a process that is stacked against them. That’s why for months we have been working with a bipartisan group of senators to change the process. This legislation will help bring accountability and transparency to a broken process, ensure victims can immediately seek justice, and hold Members of Congress accountable.”

Original cosponsor Sen. Roy Blunt (R-MO) added:

“This bipartisan agreement sends a clear message that harassment in any form will not be tolerated in the U.S. Congress. The major reforms in this agreement will, first and foremost, strengthen protections for harassment victims. The agreement will also enhance accountability and prevent taxpayers from footing the bill for a Member’s misconduct.”

This legislation passed the Senate on a voice vote the day it was formally introduced, and has the support of 43 bipartisan cosponsors including 26 Democrats and 17 Republicans.

Media:

• Cosponsoring Sen. Roy Blunt (R-MO) Press Release
  
• AP
  
• The Hill
  
• NBC News
  
• St. Louis Post-Dispatch