Congress: Stop hiding behavior, disclose it
As charges of sexual harassment and assault swept from Hollywood to Washington, Congress has faced questions about how it addresses such claims. The answer: terribly. For two decades, taxpayers have been underwriting secret payments to people who accuse lawmakers of sexual misconduct under a 1995 law called, paradoxically, the Congressional Accountability Act. The legislation applied to Congress many laws on workplace safety, employment and civil rights from which it had been exempt. In the process, it established an account to pay settlements, which prevented lawmakers from being personally liable, and created an Office of Compliance that kept charges and payments secret.
After public pressure, the Office of Compliance released a tally of the settlements this month: Between 1997 and the present, the office has paid more than $17 million on more than 260 claims. In keeping with Congress’ maddening lack of transparency, the tally lumps harassment with discrimination and other claims, so the number of harassment claims isn’t clear. It also doesn’t name any of those accused.
… Congressional sexual misconduct is likely far more prevalent than the settlement figures suggest, because Congress lacks safeguards common in large institutions. Lawmakers get no mandatory training in appropriate behavior toward their staff. Employees, many young and female, say they get little to no guidance on where to report predatory behavior. Victims who do find their way to the Compliance Office are required to undergo counseling, mediation and a 30-day “cooling off period” before filing a formal complaint.
Early this month, the Senate adopted a bipartisan resolution requiring its members and staff to participate in antiharassment and anti-discrimination training; in coming days, the House is expected to follow suit. But the heavier lift is overhauling how harassment complaints are handled. In the House, Rep. Jackie Speier, D-Calif., and Rep. Barbara Comstock, R-Va., are leading a bipartisan push for legislation that prohibits nondisclosure agreements as a condition of initiating a complaint, makes mediation and counseling optional before a victim can file a complaint and requires lawmakers who settle discrimination cases to repay the Treasury. Sen. Kirsten Gillibrand, D-N.Y., is championing similar legislation in the Senate.
It’s sobering to recall that the 1995 law was passed three years after another congressional scandal, in which House members of both parties were censured and prosecuted for abusing accounts with the House bank, in some cases writing checks for tens of thousands of dollars they didn’t have. The same environment of entitlement, secrecy and lax rules led to the current situation.
Decades of hushed-up complaints show sexual misconduct is as terrible an open secret in Congress as in Hollywood. Legislators have a chance to correct their poor handling of a national problem. They should seize it.