Tuesday, November 28, 2017

Congress to Consider Harassment, Anti-Discrimination Training Requirements

Washington, D.C. - November 28, 2017 (The Ponder News) -- The House of Representatives will consider Congresswoman Barbara Comstock's (R-VA, 10th) bipartisan Resolution this upcoming week requiring all Members and staff to complete mandatory anti-harassment and anti-discrimination training during each session of Congress. The Resolution is also sponsored by Representative Jackie Speier (D-CA), House Administration Chairman Gregg Harper (R-MS), and Ranking Member Robert Brady (D-PA). The Resolution is expected to be voted on by the full House this week.

“Recent cases of sexual harassment both within Congress, and outside in other industries, make clear that we need increased efforts to provide zero tolerance for any form of sexual harassment in Congress. This bipartisan Resolution is a first step and more will still be done. This Resolution reforms House rules so that staff, interns, and fellows have the necessary protections if they face sexual harassment or discrimination in the Congressional workplace. This resolution will also put in the proper protocols and training so that both staff and Members are fully trained on anti-sexual harassment and anti-discrimination procedures.

“I want to thank House Administration Chairman Gregg Harper in working in a bipartisan manner on this resolution. Fostering a safe and healthy work environment in the House of Representatives is a priority for the Committee. Going forward we also will be working on additional legislation that will bring more accountability and transparency in cases of sexual harassment. The House Administration Committee will also be holding a hearing on December 7th to examine the Congressional Accountability Act and best practices going forward to prevent sexual harassment in the workplace.”

Background:

· The Resolution requires that all House Members, Officers, employees, including interns, detailees, and fellows, of the House of Representatives shall complete an anti-harassment and anti-discrimination training program during each session of Congress.

· Each individual must complete the training within 90 days of the session. For new hires, staff must complete the training within 90 days of their hire date during the session. For the current 115th Congress, each individual shall complete the training no later than 180 days after the second session of Congress begins.

· Each individual will provide their certificate of completion to the Committee on House Administration and the training must be repeated every session of Congress.

· The Resolution tasks the Committee on House Administration with issuing regulations to ensure compliance and transparency. As part of the Committee’s extensive review, these regulations will be drafted and adopted by the Committee within 30 days of enactment of the Resolution.

· Additionally, the Resolution requires the posting of a statement of the rights and protections provided to employees of the House of Representatives under the Congressional Accountability Act of 1995.

Ahead of a vote this week to formally establish mandatory sexual harassment training in the House, U.S. Rep. Jim Cooper (D-TN, 5th) encouraged House leaders to go much further by unmasking the secret settlements that lawmakers have reached with people accusing them of sexual harassment.

“Training is not enough,” Rep. Cooper said. “Whenever Congress spends taxpayer money, we should disclose it all. Maybe then, our ‘zero tolerance’ policies will actually mean something. No one is above the law.”

Rep. Cooper, whose staff is already required to take an anti-harassment training course offered by the House, said heightened public awareness of sexual harassment issues should be more than enough reason for Congress to take additional steps beyond training.

These steps include naming the House and Senate lawmakers who have used a secret taxpayer-funded account to settle sexual harassment claims in Congress – retroactively and, if necessary, moving forward. But Rep. Cooper believes the current practice of secret settlements should be abolished altogether.

Cheri Bustos (D-IL, 17th) stated, “I find it unacceptable that members of Congress can use taxpayer funds to settle workplace disputes with virtually no transparency, particularly accusations of sexual harassment or discrimination. If a member of Congress is going to settle a sexual harassment claim, taxpayers should have the right to know about it since they’re the ones footing the bill. I am working with my colleagues on both sides of the aisle to demand a higher standard of leadership, a safer workplace environment and a culture of accountability on factory floors, in office buildings and in the halls of Congress.”

All of this comes in the wake of allegations made against John Conyers, Jr. (D-MI, 13th). In response to Conyer's decision to step down from his committee (although he has not opted to resign) David Cicilline (D-RI, 1st) stated, “Given the seriousness of the allegations against him, it was appropriate for Congressman Conyers to step down as Ranking Member of the Judiciary Committee. I have tremendous respect for the work he has done to serve our country, but the accusations that have been presented against him in recent days are very serious. The Ethics Committee needs to conduct a thorough, impartial investigation into these accusations as quickly as possible.”

Some members of Congress say training isn't enough.

Rep. Ron DeSantis has announced his intent to introduce legislation to bring transparency to the congressional claims process and to prohibit taxpayer dollars from being used to pay harassment claims.

In an effort to restore accountability, DeSantis' legislation will make public all payments funded by taxpayers, including the nature of the initial allegation and the member of Congress implicated, bar the use of any tax dollars to be used to settle sexual harassment claims where the plaintiff is a member of Congress or an employee of the House or Senate, and require that any member of Congress named in a settlement paid for by taxpayers reimburse the American people.

"Settlements paid with tax dollars should not be kept secret. Taxpayers have a right to know how their money is spent," DeSantis said. "Furthermore, members of Congress cannot be allowed to use the American people's money as a personal slushfund to cover wrongdoing. I’m working on legislation to unseal the settlement records, bar the use of tax dollars to pay harassment claims against members and staff, prohibit members from using their office budgets to camouflage settlement payments (a Conyers rule), and require reimbursement of the taxpayer by members and staff who have had settlements paid due to their misconduct.”

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