Last week, Representative Jackie Speier (D-CA), who recently introduced legislation to protect Obama-era Title IX guidelines, and Senator Kirsten Gillibrand (D-NY), who has played a key role in anti-sexual violence legislation both in the military and on college campuses, introduced The Member and Employee Training and Oversight On Congress Act, otherwise known as The Me Too Congress Act
The Me Too Act is intended to improve the current process for reporting and addressing sexual harassment in Congress. The current process, says Gillibrand, is confusing, hard to navigate, and not widely known or understood. Congresswoman Speier expressed that “right now, in the process, the only one that has counsel paid for by the taxpayers of this country is the harasser.” This act seeks to completely renovate the current process, which is dictated by the 1995 Congressional Accountability Act and operates under the Office of Compliance.
In light of a congressional hearing which reviewed congress’s current policies on sexual harassment, in which Representative Speier shared that she knows of at least two lawmakers who have “engaged in sexual harassment,” Speaker Paul Ryan announced he will be mandating annual sexual harassment training for members of the house and their staff. However, this bill does far more than mandate training, but rather restructures the entire congressional system for handling sexual misconduct. Overall, this bill creates a process far more focused on victims and survivors. For example, the bill would allow individuals reporting incidents to waive the 30 days of required mediation before submitting a formal complaint. Complainants would also no longer be required to sign a nondisclosure form before submitting a formal complaint. Additionally, lawmakers identified as harassers in sexual harassment claims would have pay out of pocket for settlements, as opposed to taxpayers paying for these settlements. It would also launch an online system for filing complaints and hire a confidential advisor for victims of harassment, so that individuals can seek guidance and counsel without filing a formal complaint. The act also requires a regular “climate survey.”
Congresswoman Ann Kuster, who is an author and co chair of the Sexual Assault Prevention Bipartisan Taskforce and is co-sponsoring The Me Too Congress Act, shared that she was sexually assaulted by a guest of the US Congress nearly four decades ago while working as a staffer. Congresswoman Kuster shared that, at the time, she “had no place to turn.” Her, nor anyone else in her office, had received training or was prepared to address the situation.
Why does this legislation matter for students?
In Washington, DC, the land of “Hillternships,” there are thousands of congressional interns and staffers, paid and unpaid, who are university students. In many cases, the protections for unpaid internships in the workplace are ambiguous, if not completely lacking. Although a few states, as well as Washington, DC, have passed legislation that explicitly protects unpaid interns from harassment, and from retaliation for coming forwards about harassment, in many states these protections are simply nonexistent. While unpaid interns are already protected by DC, these changes will greater protect and inform unpaid interns about their rights, as well as protect Congressional interns who are not working in DC offices. All measures in The Me Too Congress Act are extended to interns, staffers, etc.
In recent months, many members of Congress have come forward about their experiences with sexual harassment in the workplace. Many of these stories, such as those of Representative Kuster and Senator Claire McCaskill, took place when they were interns. These incidents have also been reported as common for legislative interns working in state capitols. Take, for example, this piece, published by the The Kansas City Star about how commonplace harassment is for interns.
Because unpaid interns are not technically considered “employees,” they are not automatically afforded legal protection from workplace harassment. For those interning in states where laws do not afford these protections, it is important to be aware and informed about what your workplace’s process is for handling cases of sexual harassment.
Sources:
http://www.kansascity.com/news/politics-government/article181926331.html
