Massive win for Jackie Speier in revamping harassment reporting

By shifting the financial burden of sexual harassment settlements involving members of Congress from taxpayers to the accused, streamlining the reporting process for congressional staff members and providing legal counsel to those stepping forward to report misconduct, among other measures, the bill marked one of the most satisfying legislative victories Speier said she’s had since she was elected to Congress in 2008.

“It was a triumph of bipartisan legislation, but it was also a victory for the American people and every female staff member who worked on the Hill,” she said. “It’s substantive change and it has a direct impact on every employee that works in this Capitol.”

Speier said she’s already noticed the bill’s effect on the faces of staff members walking through the halls of the Capitol in acknowledgment of the effort. Dubbed the ME TOO Act, the Member and Employee Training and Oversight on Congress Act Speier introduced in the fall with Senate counterpart U.S. Sen. Kirsten Gillibrand, D-New York, came on the heels of an influx of sexual assault allegations and high-profile claims publicly levied against various actors, directors, comedians, businessmen, journalists and politicians. Their effort sparked a discussion of how longtime rules have stood in the way of holding members of Congress accountable and empowering survivors to step forward, one that eventually produced the bill passed in the House Tuesday.

Having shared her own experience of being sexually assaulted by a senior congressional staffer while working as a legislative aide in the 1970s, Speier was hoping to expose issues involving Congressional leaders and staff members and reform policies she said have favored those accused of sexual misconduct and silenced victims of it.

Before the effort to reform the Congressional Accountability Act, a victim would be required to undergo 30 days of legal counseling with the OOC. After that, a 30-day mediation period would followed by another 30-day “cooling off” period. If, after jumping through hoops, the victim decides to continue, they would have to file the formal complaint within 90 days, according to Speier’s office previously.

Victims would then be required to sign a permanent nondisclosure agreement before the OOC will investigate. Should a settlement result at the end of the process, the OOC would cover the settlements using a special fund within the Treasury Department, Speier said previously.

By requiring members of Congress involved in settlements to repay the Treasury fund within 90 days and garnishing their wages or savings if they are not able to reimburse the fund, Speier said the bill marks a shift in the burden of the payments from taxpayers to those accused.

“Egregious conduct like that should not be paid for by the taxpayers,” she said. “There’s nothing like hitting someone’s pocketbook to change behavior.”

Though Speier expects similar bipartisan support for the bill in the Senate, she noted some provisions of the bill will go into effect immediately in the House, such as the provision of legal support for survivors and requirement for a uniform policy on sexual harassment in all offices.

Acknowledging the deeply divided political landscape stalling progress on other issues, Speier said the bill is likely to inspire bipartisan work on other issues, such as reform of Title 7 of the Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex and national origin.

“It’s just refreshing to me that we’ve seen such a major policy shift and it all took place in less than four months,” she said, giving credit to the Republican House leadership for taking up the bill. “It’s the way we should be making policy here in Congress.”

anna@smdailyjournal.com

(650) 344-5200 ext. 106