Norton Introduces Bill to Offer Congressional Employees Same Workplace Protections, Including Sexual Harassment Provisions, as Other Federal and Private Sector Workers

WASHINGTON, D.C.—Congresswoman Eleanor Holmes Norton (D-DC), who authored the nation's first sexual harassment guidance as the first woman to chair of the Equal Employment Opportunity Commission (EEOC), today introduced a bill to subject Congress and its agencies to the same comprehensive civil rights laws and federal health and safety standards that currently apply to executive branch agencies and private sector employers, but not to Congress. Congress passed the Congressional Accountability Act of 1995 (CAA) to bring the legislative branch under 13 major civil rights, labor and workplace safety and health laws, but it exempted the legislative branch from important notice and training provisions, and altogether omitted important substantive and administrative protections. Norton's bill provides general whistleblower protections, anti-retaliation measures, and makes applicable additional Occupational Safety and Health Act (OSHA) provisions to the legislative branch, including providing subpoena authority to the Office of Compliance (OOC), which was established by the CAA, to conduct inspections and investigations into OSHA violations.

"As sexual harassment takes an increasingly high profile, it is impossible to justify exempting congressional offices from the comprehensive provisions Congress now requires of private employers and federal agencies, especially sexual harassment laws that protect workers, such as requiring employers to post workers' rights or to conduct training," Norton said. "The public debate on sexual harassment also raises the importance of granting congressional staff the same civil and anti-discrimination protections afforded to other federal workers. Congress must facilitate a workplace culture where employees feel protected and know their rights are protected. Particularly in a work environment such as Congress, where powerful figures often play an outsized role with a sense of their own importance, sexual harassment and other forms of discrimination must be met head on, especially by Members of Congress, who have compelled other institutions to observe strict standards."

Norton's introductory statement is below.

Statement of Eleanor Holmes Norton on the Introduction of the Congress Leads by Example Act of 2017

I am introducing the Congress Leads by Example Act, which would subject Congress and the rest of the legislative branch to the federal whistleblower and anti-discrimination laws that now protect employees in the private sector and the executive branch. Now more than ever, especially given ongoing reports of sexual harassment and other workplace abuses in the legislative branch, Congress should abide by the laws it imposes on the American people, American businesses, and others. Congress has already acknowledged the importance of accountability in the legislative branch when it passed the Congressional Accountability Act of 1995 (CAA).

The CAA was an important first step in making the legislative branch accountable for its employment practices, but it did not finish the job. The CAA did bring the legislative branch under 13 major civil rights, labor and workplace safety and health laws, but it exempted the legislative branch from important notice and training provisions, and altogether omitted important substantive and administrative protections. In its annual report for fiscal year 2016, the Office of Compliance (OOC), which was established through the CAA, identified additional provisions of federal workplace laws and standards that should be applicable to the legislative branch. OOC's recommendations include mandatory anti-discrimination and anti-retaliation training, providing whistleblowers with protection from retaliation by making the Whistleblower Protection Act of 1989 applicable to the legislative branch, and urging Congress to approve regulations that provide additional protections under the Family and Medical Leave Act and the Americans with Disabilities Act. This bill takes into account the OOC report, and seeks to both apply the standard of fairness to employees in the legislative branch that Congress requires for other employees and to provide a safer work environment for Congress, Capitol Hill employees, and visitors by bringing the legislative branch in line with the legal requirements of private sector employers and the executive branch.

My bill is a necessary companion to the CAA, particularly in light of recent news reports of appalling behavior on the part of Members of Congress and staff in positions of authority in Member offices and committees. Former and current staffers spoke out on social media during the #MeToo campaign, which originated after the Harvey Weinstein sexual assault and harassment allegations, sharing horrifying stories of workplace harassment, including groping, inappropriate emails and text messages, and predatory behavior on the part of both Members and staff. But many legislative branch employees who have been victims of workplace harassment or worse have not felt empowered to report it since they are not protected from retaliation. My bill provides general whistleblower protections, anti-retaliation measures, and makes additional Occupational Safety and Health Act (OSHA) provisions applicable to the legislative branch, including providing subpoena authority to OOC to conduct inspections and investigations into OSHA violations.

This bill also furthers the CAA's mission to prevent discrimination in legislative branch offices by prohibiting the legislative branch from making adverse employment decisions on the basis of an employee's wage garnishment or involvement in bankruptcy proceedings pursuant to the Consumer Credit Protection Act and Chapter 11 of the bankruptcy code. This bill requires legislative branch employers to provide their employees with notice of their rights and remedies under the CAA anti-discrimination provisions through the placement of signage in offices highlighting relevant anti-discrimination laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. This bill also requires legislative branch offices to provide training to employees about their CAA rights and remedies. Finally, this bill bolsters the CAA's recordkeeping requirements. It extends to the legislative branch the obligation to maintain accurate records of safety information and employee injuries, as otherwise required by OSHA, as well as employee records necessary to administer anti-discrimination laws.

By passing this bill, Congress will help restore the public trust in this institution by redoubling our efforts to exercise leadership by example. I urge bipartisan support for this important measure.