March 28, 2018

Gillibrand, Klobuchar, Murray Lead Bipartisan Push With All 22 Women Senators Calling On Senate Leadership To Bring Forward Legislation To Reform Sexual Harassment And Discrimination Rules In Congress

Bipartisan Letter led by Gillibrand, Klobuchar, Murray Comes After House of Representatives Passed Bipartisan Legislation to Create More Transparency and Accountability in Sexual Harassment Reporting Process in Congress

WASHINGTON, DC — U.S. Senator Kirsten Gillibrand, along with Senators Amy Klobuchar and Patty Murray, led a letter with all 22 Democratic and Republican women Senators calling on Senate leadership to bring legislation up for a vote that would update and strengthen the current reporting process for survivors of all forms of sexual harassment and discrimination in Congress. The House of Representatives passed bipartisan legislation in February that would help prevent sexual harassment and discrimination in Congress and create more transparency and accountability in the reporting process for survivors, but the Senate has yet to act. Senator Gillibrand has introduced similar bipartisan legislation that has already been cosponsored by over a quarter of the Senate.

“Everyone deserves to work in an environment free from harassment and discrimination,” the Senators wrote. “Survivors who have bravely come forward to share their stories have brought to light just how widespread harassment and discrimination continue to be throughout Capitol Hill.  No longer can we allow the perpetrators of these crimes to hide behind a 23-year-old law. It’s time to rewrite the Congressional Accountability Act and update the process through which survivors seek justice.”

Gillibrand added, “Elected leaders should be held to the highest standards, not the lowest, and taxpayers should never again be left paying the tab for a politician’s sexual harassment scandal settlement.”

The bipartisan letter to Leader Mitch McConnell (R-KY) and Senator Charles Schumer (D-NY) led by Gillibrand, Klobuchar, and Murray was also signed by Ranking Members Dianne Feinstein (D-CA) and Claire McCaskill (D-MO), as well as Members of the Rules Committee Working Group  Shelley Moore Capito (R-WV), Deb Fischer (R-NE), Catherine Cortez-Masto (D-NV). Signers also included Susan Collins (R-ME), Maria Cantwell (D-WA), Debbie Stabenow (D-MI), Lisa Murkowski (R-AK), Jeanne Shaheen (D-NH), Mazie Hirono (D-HI), Elizabeth Warren (D-MA), Heidi Heitkamp (D-ND), Tammy Baldwin (D-WI), Tina Smith (D-MN), Joni Ernst (R-IA), Tammy Duckworth (D-IL), Kamala Harris (D-CA), and Maggie Hassan (D-NH).

The full text of the letter is below:

Dear Leader McConnell and Senator Schumer:

We write to express our deep disappointment that the Senate has failed to enact meaningful reforms to the Congressional Accountability Act of 1995.  We urge you to bring before the full Senate legislation that would update and strengthen the procedures available to survivors of sexual harassment and discrimination in congressional workplaces.

Everyone deserves to work in an environment free from harassment and discrimination. In November, with your leadership, the Senate took an important first step in the effort to end harassment and discrimination in congressional workplaces with the passage of S. Res. 330, which requires anti-harassment and discrimination training for all Senators and staff at least once each Congress.  While this training requirement was a significant step to address workplace harassment, there was broad, bipartisan agreement at that time that more had to be done to support survivors.

Although the Congressional Accountability Act (CAA) implemented meaningful reforms when it became law in 1995, it continues to require survivors to endure an antiquated dispute resolution process, including a month-long counseling session, forced mediation and a 30-day “cooling off” period before a victim can make a decision whether to pursue justice in a courtroom or continue with administrative procedures.  The time has come to rewrite the CAA to provide a more equitable process that supports survivors of harassment and discrimination.

The Senate’s inaction stands in stark contrast to the bipartisan effort in the House of Representatives that led to the passage of bipartisan CAA reform legislation in February.  The House bill includes a number of important provisions, such as eliminating waiting periods before a victim can take their case to court, increased transparency for awards and settlements, and a requirement that Members of the Senate and House pay for an award or settlement stemming from a case of sexual harassment or discrimination that they personally commit. 

When the Senate considers CAA reform legislation, we will also have the ability to address an inequity that now exists between House and Senate staff.  The House of Representatives passed H. Res. 724 that provides House staff who are survivors of harassment or discrimination access to free legal representation.  Senate staff who face similar harassment or discrimination must pay personally for legal representation or represent themselves through complicated legal proceedings.  Therefore, the Senate must act quickly to provide Senate staff with the same resources as their House colleagues.

Inaction is unacceptable when a survey shows that four out of 10 women congressional staffers believe that sexual harassment is a problem on Capitol Hill and one out of six women in the same survey responded that they have been the survivors of sexual harassment.  Survivors who have bravely come forward to share their stories have brought to light just how widespread harassment and discrimination continue to be throughout Capitol Hill.  No longer can we allow the perpetrators of these crimes to hide behind a 23-year-old law.  It’s time to rewrite the Congressional Accountability Act and update the process through which survivors seek justice.  

Sincerely,