What was the cause for “universal revulsion and anger” at one post?

13 Going on 14 — GFM: https://gofund.me/32671a27

 

Via FSGB Case No. 2020-009 | Interim Decision | February 4, 2021
Held –The Department of State (“Department) met its burden of proving that grievant committed one specification of Improper Personal Conduct, and one charge of Notoriously Disgraceful Conduct. The Department also established that the conduct showed poor judgment and lack of discretion, and that such misconduct had an impact upon the efficiency of the Service. The Department did not meet its burden of proving the charge of Inappropriate Comments and one specification of Improper Personal Conduct. The case was remanded to the Department to re- determine an appropriate consequence in light of the Board’s findings.
Case Summary – Grievant, a married Senior Foreign Service officer, while serving as Management Counselor at the U.S. Embassy REDACTED, was accused of sexual harassment based on inappropriate statements he reportedly made to female colleagues and conduct considered professionally improper. Grievant also appeared in a video published on a local website showing grievant and a local national woman seated together in the driver’s seat of a vehicle on a public road. The website article identified grievant as a foreign diplomat and commented on foreign diplomats and young host country women. Grievant later admitted to having an extramarital affair with the woman in the video, who was employed as a nanny by one of grievant’s subordinates. Grievant requested a voluntary curtailment because of the negative response by members of the embassy community concerning the video and to attend to a family illness.
The Department’s Office of Civil Rights (S/OCR) investigated the sexual harassment allegations and forwarded its report to the Bureau of Human Resources (HR). Based on the findings of the S/OCR and after consideration of a description of the video showing grievant with the foreign national woman in the car, the Department proposed to suspend grievant for eight days without pay as discipline for Inappropriate Comments (three specifications), Improper Personal Conduct (two specifications), and Notoriously Disgraceful Conduct.
Grievant challenged the suspension proposal, however, it was sustained by the Department. After a grievance was denied, grievant appealed to the Foreign Service Grievance Board that found that the Department met its burden of proving that grievant committed one of two acts of Improper Personal Conduct and he engaged in Notoriously Disgraceful Conduct. The Board remanded the case to the Department for reconsideration of the proposed discipline in light of the Board’s decision.

Charge 3: Notoriously Disgraceful Conduct

The Department contends that grievant’s conduct, captured in the video which showed a young woman sitting in front of grievant in the driver’s seat while driving a car, had a negative impact upon mission morale. The Department noted that this video appeared on a popular local website and the existence of the video and its content were widely known within the mission. Grievant also admitted that he was having an extramarital affair with the woman who appeared with him in the video who was employed as a nanny for the family of one of grievant’s subordinates in the mission. The Department cites a statement by the CLO that both grievant’s family and the post family that employed the woman who appeared in the video were deeply affected. Grievant claims that his wife was aware of the relationship and argues that the video did not explicitly show his involvement in a sexual relationship. Nonetheless, the Department concluded that the video exposed the close relationship grievant was engaged in with the nanny of his subordinate, thereby embarrassing his colleagues, his family, and the mission.
[…]
With respect to the Charge of Notoriously Disgraceful Conduct, the Department notes that grievant admitted to having an extramarital affair with the woman in the video and the S/OCR report specifically corroborated that the video was publicized in the media in the host country. The Department argues that the physical closeness exhibited between grievant and the woman in the video, the nanny of one of his subordinates, and grievant’s admission that he was engaged in an affair with the woman, demonstrated his failure to maintain the high standard of conduct required of Foreign Service employees representing the U.S. abroad. The Department also points out that all new Foreign Service employees are briefed about their role representing the U.S. government abroad and the expectation that each maintain the highest standard of conduct demonstrating integrity, reliability and prudence whether at work or during their non- work hours. Further, the publication of the video resulted in embarrassment to others in the mission and disrupted grievant’s effectiveness as Management Counselor because his colleagues and supervisees refused to work with him. In fact, the Department points out that the publication of the video partially motivated grievant to request voluntary curtailment from post, thereby detrimentally affecting management operations at post.
[…]
Grievant maintains that the disciplinary action against him is unwarranted and that the statements upon which the charges and specifications are based are factually inaccurate and mischaracterized. He argues that the Department cannot meet its burden to establish that he engaged in Notoriously Disgraceful Conduct (Charge 3). Moreover, grievant argues that the proposed discipline is excessive for the alleged offenses, that the DO did not give adequate weight to several mitigating factors in his case, and that the penalty, therefore, is unreasonable.
[…]
Grievant maintains that the Department cannot meet its burden of proving that he engaged in Notoriously Disgraceful Conduct, as defined in the regulation. Grievant acknowledges that he did have an extramarital affair but maintains that it was discreet, not conducted publicly, not disgraceful but, instead, it was a meaningful relationship.

[…]
The FAM definition of notoriously disgraceful conduct is normative; that is, it is defined by the reaction to the conduct. In the instant matter, grievant is charged with engaging in an extra-marital affair with a local national woman, which was publicized by inference in a video on local media. Thus, grievant’s conduct is notoriously disgraceful because, were it widely known, it would embarrass or discredit him, the embassy, and the United States, or would subject them to censure or opprobrium. Grievant’s argument that the video was posted to a non- mainstream sensationalist website is unavailing, as the Department does not need to prove that grievant’s extramarital affair was in fact widely known or published by a widely-accessed medium, only that, if known, it would cause the concerns described in the regulation. In fact, though, the Department describes the internet website where the video was posted as popular and the record shows that it was sufficiently well-known that the embassy community quickly saw it, identified grievant and the nanny, and reacted negatively. Judging from the strong negative reaction, described by the Deputy Chief of Mission as “universal revulsion and anger,” we are satisfied that if evidence of the affair and the circumstances were widely known in the host country, a socially conservative country, the embassy and the United States would have been embarrassed and likely censured.
[…]
According to the S/OCR investigator, interviews with the Management staff revealed that the disclosure of the video made grievant’s “relationship with his subordinates irreparably bad [and] … brought forth a torrent of further negative reporting from across the mission about [grievant’s] behavior and his interpersonal skills.” Agency-Level Grievance Decision at 15. In the aftermath of the release of the video, grievant agreed to work from home and discontinued any contact with his subordinates or others at the embassy. Grievant also admitted that he ultimately voluntarily curtailed from post in part due to release of the video, even though the official rationale was listed as his mother’s health situation. The embassy had the unanticipated absence of a key senior official who supervised a large staff and provided administrative services to 15 U.S. government agencies. It is clear to the Board that the evidence supports the Department’s conclusion that grievant’s appearance in the video and his extramarital affair with a subordinate’s nanny led to his discredit as a senior embassy official within the mission and possibly in the wider community; adversely affected the embassy’s ability to carry out its responsibilities when grievant could no longer perform his job.

###

 

Oh Where, Oh Where Are the EEOC Posting Orders For Agency Discrimination?

According to the State Department, the mission of the Office of Civil Rights (S/OCR) (https://www.state.gov/bureaus-offices/bureaus-and-offices-reporting-directly-to-the-secretary/office-of-civil-rights/) is “to propagate fairness, equity and inclusion at the Department of State. S/OCR’s business is conflict resolution, employee and supervisor assistance, and diversity management. S/OCR manages the Equal Employment Opportunity (EEO) administrative process for the Department and works to prevent employment discrimination through outreach and training.”
When an employee prevails in a complaint before the EEOC, the federal agency where the discrimination occured is typically ordered by the EEOC to post copies of the notice of discrimination signed by the agency’s authorized representative. It’s kind of an equivalent to a student being ordered by his/her teacher to write on the entire blackboard “I will not [INSERT] again.”  The EEOC normally requires that the notice be posted in the facility in hard copy and electronic copy.
Click here for the EEOC order posted by Energy Department’s Office of Economic Impact and Diversity.  Here is one from USPS. Another one from the Interior’s Bureau of Reclamation. The orders have one thing in common, an acknowledgement by the agency’s authorized representative that the facility was determined by the EEOC to have engaged in discrimination in violation of Title VII of the Civil Rights Act of 1964 or any other form discrimination. The notice does not specifically include the names of the complainant, only a quick summary of the case and the remedy ordered by the EEOC.
Not too many State Department cases prevail at the EEOC but when they do, we expect to see the posting orders visible in public and easily accessible to everyone. We have yet to see them anywhere. We have never, ever seen them posted on the pretty bare bones page of S/OCR on state.gov.  If they are posted on the Intranet SBU site only, is that the best that the State Department’s office tasked with preventing employment discrimination can do? Wouldn’t you want everybody to see it so folks learn from it and do not repeat the same behavior elsewhere in the organization?
For example, the Department of Interior’s Bureau of Reclamation’s EEOC-ordered Notice says:

“This facility was found to have violated the Rehabilitation Act. The facility was ordered to reinstate the employee, provide reasonable accommodation for his disability, determine backpay and benefits, as well as compensatory damages and attorney’s fees and costs. The facility was also ordered to consider taking disciplinary action against management officials and provide training to responsible management official’s regarding their responsibilities under EEO law.”

In January 2018, the EEOC ordered the State Department to post such a notice at FSI (see @StateDept to Hold “Harassment in the Workplace” Session But First, Read This FSI Sexual Harassment Case).  We’d like to know if anyone saw the paper copy or electronic copy of that EEOC order posted at FSI’s School of Language Studies? Is it archived? (Update 11/16/20 9:40 pm PST: A senior official who was at FSI during this time confirmed to us that this order was posted “on the bulletin board directly outside the entrance to the Dean’s office suite” and that it stayed up for a couple of months. Thanks Senior Official A!). 
Folks, we need your help locating these posting orders. Where are they posted? At S/OCR’s bulletin board? At their Intranet page? How visible are these notices? Are they accessible by GO browser or any other browser or do you need a special key to get into a room to read these notices?

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Washington, D.C. 20507

NOTICE TO EMPLOYEES POSTED BY ORDER OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
An Agency of the United States Government

This Notice is posted pursuant to an order by the United States Equal Employment Opportunity Commission dated ___________________ which found that a violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., has occurred at the Department of State’s offices in Washington, District of Columbia (hereinafter this facility).

Federal law requires that there be no discrimination against any employee or applicant for employment because of the person’s RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, or DISABILITY with respect to hiring, firing, promotion, compensation, or other terms, conditions or privileges of employment. This facility was found to have engaged in discrimination on the basis of sex/female with respect to a promotion matter, constituting a violation of Title VII.
/snip/

State/OIG Releases Long-Awaited Report on @StateDept Handling of Sexual Harassment Reports

On October 2, 2020, State/OIG released its long-awaited report on the State Department handling of sexual harassment, including sexual assault reports in the agency. The IG reviewed the extent to which employees report sexual harassment, how the agency addresses reports, and the extent that State ensures consistent outcomes for individuals found to have engaged in such harassment.
The report notes that both Acting IG Stephen Akard, and his replacement, Acting IK Matthew Klimow “recused themselves from this review and delegated final clearance authority to Deputy IG Diana Shaw.” It looks like this review as initiated by State/OIG in early 2018. The report says that the issuance of this report was delayed because of “the lapse in OIG’s appropriation that occurred from December 21, 2018, through January 25, 2019, as well as the COVID-19 pandemic and resulting operational challenges.” We’re curious what happened to this report after the shutdown in January 2019 and before the pandemic was declared on March 11, 2020.
The Office of Civil Rights’ (S/OCR) response to this IG report is dated August 24, 2020; DGHR’s response is dated September 8, 2020.
Sexual harassment, generally a violation of civil laws, while sexual assault usually a reference to criminal acts (penetration of the victim’s body, also known as rape; attempted rape; forcing a victim to perform sexual acts, such as oral sex or penetration of the perpetrator’s body; fondling or unwanted sexual touching.
Within State, per 3 FAM 1711.2 says sexual assault is a form of sexual harassment.  Per 3 FAM 1712.2-4, S/OCR has the responsibility for investigating or overseeing investigations of alleged sexual harassment, which may include sexual assault. OIG report notes that it does not generally investigate claims of sexual harassment itself because OCR is specifically designated in the FAM as the responsible entity for investigating alleged sexual harassment. If the allegations rise to the level of a sexual assault, S/OCR will refer the allegations to DS/DO/OSI.
This report is distressing to read, and the underreporting is understandable. Of the 24 cases where misconduct allegations including sexual assaults were substantiated, we don’t know how many were criminally charged. One? None?

(font in blue, lifted from the report)

Office of Civl Rights (S/OCR), Office of Special Investigations (DS/OSI), and Conduct, Suitability, and Discipline Division (GTM/CSD)

      • lacks coordination guidance
      • lacks inter-operability of reporting systems
      • tracking system sucks
      • lacks updated supervisory guides
      • lacks data on the consistency of investigative and disciplinary processes
      • lack timeliness standards 

“OIG could not assess the timeliness of sexual harassment cases because the offices did not have timeliness standards. Additionally, lack of reliable and comprehensive data hampers the Department’s ability to effectively oversee and administer efforts to address sexual harassment.”
[…]
OCR, OSI, and CSD have individual systems to track and monitor sexual harassment cases, but the systems do not track similar data or share data with each other. For example, each office uses different identification numbers for the cases and different names for the subject’s bureau, office, or post. Additionally, OCR and CSD use different definitions when tracking sexual harassment cases. […] the three systems do not share data among each other and the other offices relevant to the disciplinary process. OCR, OSI, and CSD officials stated that only staff of the individual offices have access to the office’s data system and that the offices do not grant access to each other.
[…]
Because the offices lack a mechanism for tracking sexual harassment cases from intake until the final disciplinary action, OIG was not able to determine the length and disciplinary outcomes of all sexual harassment and sexual assault reports to OCR and OSI from 2014 to 2017.

S/OCR investigated just 22% of complaints for possible violations of Department policy

Of the 636 complaints of sexual harassment that OCR received from 2014 to 2017, OCR investigated 142 (22 percent) as possible violations of Department policy.

Top Five Bureaus and Posts With the Highest Number of Sexual Harassment Complaints From 2014 to 2017

      • Consular Affairs
      • Diplomatic Security
      • US Embassy Baghdad, Iraq
      • US Embassy Kabul, Afghanistan
      • Foreign Service Institute

CA, DS, Embassy Kabul, Chennai Consulate, and the Bureau of Overseas Building Operations represented the five bureaus and posts with the highest number of investigations.

Top Five Sexual Assault Complaints by Regional Bureau From 2014 to 2017

      • South and Central Asian Affairs
      • European and Eurasian Affairs
      • Near Eastern Affairs
      • East Asian and Pacific Affairs
      • Western Hemisphere Affairs
      • African Affairs
      • Domestic

Of the 106 complaints received during the relevant time period, 16 were still under investigation; of the 90 investigations OSI had completed, 24 cases (27 percent) had some kind of substantiated misconduct. […] However, this does not mean that 24 cases of sexual assault were confirmed; rather, it means that during the investigation, OSI concluded that some type of misconduct or criminal activity occurred and it was referred it to CSD for possible disciplinary action. In other words, OSI may receive an allegation of sexual assault and, during the investigation, obtain evidence that some other form of misconduct occurred.

Reporting on sexual harassment (63%) and sexual assaults (71%) are up but there are concerns of significant underreporting

According to information obtained by OIG, both through data collection and through interviews with Department employees, reports of sexual harassment increased from 2014 to 2017. OCR officials told OIG that this trend appears to be continuing. Additionally, one employee group expressed concern that sexual harassment is significantly underreported at the Department.

According to OCR data, reports of sexual harassment increased by 63 percent from 2014 to 2017, from 128 reports in 2014 to 209 reports in 2017. An OCR official told OIG that this increase may reflect an increased willingness to report sexual harassment based on an increased focus within the Department on the issue.

Reports of sexual assault have increased as well; OSI data shows a 71 percent increase in the number of reports of sexual assault from 2014 to 2017.

For overseas employees, a bigger challenge

Current and former Department employees interviewed by OIG expressed the belief that, for employees serving overseas, there are no mechanisms in place to hold embassy management accountable for failing to address sexual harassment at post.
[…]
According to OCR data, OCR received 636 complaints of sexual harassment from 2014 to 2017. That’s an average of 212 complaints a year. Of the 636 complaints, 441 originated at overseas posts. An average of 147 cases a year.
[..]
From the beginning of 2014 until the end of 2017, OSI received 106 reports of alleged sexual assault. […] Of the 106 complaints received during the relevant time period, 16 were still under investigation; of the 90 investigations OSI had completed, 24 cases (27 percent) had some kind of substantiated misconduct.
[…]
For cases opened before 2018, OSI did not track substantiated sexual assault allegations as a separate category so OIG could not identify the precise number of sexual assaults.

Underreporting due to lack of confidence in its resolution, fear of retaliation

Based on interviews and the survey of Department employees, OIG identified a number of factors that may contribute to underreporting, including lack of confidence in the Department’s ability to resolve complaints, fear of retaliation, and reluctance to discuss the harassment with others. Of the 154 survey respondents who responded that they experienced or observed sexual harassment within the last 2 years, 73 responded that they did not report the incident to OCR or DS. When asked why they had not reported incidents, of those 73, 25 employees agreed that they did not think that reporting would stop the sexual harassment; 19 employees agreed that they were afraid of retaliation; and 25 employees agreed that they did not want to discuss the incident (see Table 2).

… of the survey participants who experienced or observed sexual harassment but did not report it to OCR or DS, 34 percent stated that they did not do so because they did not think reporting would stop the harassment.

Lack of protection for complainants

Employees who were interviewed and survey respondents stated that another likely cause of underreporting is fear of retaliation. Interviewees told OIG that they do not believe that OCR will protect their identities during the course of the investigation if they do decide to speak out.
[…]
According to the FAM, “the Department will seek to protect the identities of the alleged victim and harasser, except as reasonably necessary (for example, to complete an investigation successfully).” 3 FAM 1525.2-1(d). According to OCR’s guidance for harassment inquiries, however, upper-level management (such as CSD) may need to know the victim’s identity in order to assess the disciplinary action. CSD and L/EMP officials told OIG that employees accused of sexual harassment are entitled to procedural due process if CSD proposes discipline. For sexual harassment cases, this means that the accused receive the OCR investigative file that includes all victim and witness statements, including their names; for sexual assault cases, the discipline package includes OSI’s report of investigation.

“Corridor Reputation”

Employees in interviews also expressed fear that reporting sexual harassment could harm their careers, either through overt retaliation or through the creation of a negative stigma and damage to the reporter’s “corridor reputation.”

One group representing Department employees told OIG that employees who experience sexual harassment are fearful that reporting it will cause their colleagues to view them as “troublemakers.”

Another employee group told OIG that the Foreign Service is a fairly small organization and reporting sexual harassment could give employees a poor reputation that will “follow them to future posts.”

Advised Against Reporting Sexual Harassment

…some Department employees told OIG that they were advised not to report the harassment that they experienced. Four survey respondents who experienced or observed sexual harassment stated that they did not report after being told not to do so.

Intake until Final Action: Length Varied from 139 days to 1,705 days

On average, OIG’s selected cases took 21 months to move from intake to resolution.54 The length of cases varied from 139 days (i.e., almost 5 months) to 1,705 days (i.e., over 4 years)

Final Disciplinary Actions for Selected Cases Ranged from No Action to Suspension

Final disciplinary decisions for OIG’s selected sexual harassment cases ranged from no action to suspension. Although the Department had proposed discipline for 11 of the 20 cases, only 5 resulted in implementation of the disciplinary action.

For example, one case resulted in no action taken after FSGB overturned the Department’s disciplinary decision to issue a Letter of Reprimand. For the three cases resulting in resignations, CSD had decided on either suspensions or separations but ultimately reached negotiated settlements for resignation. One individual retired after receiving CSD’s proposed decision, and another retired as CSD was reviewing the case. According to CSD officials, individuals who retire before a final disciplinary decision do not have the proposal or disciplinary decision included in their official personnel file.

2010-2020! Hello!

CSD has not updated the Foreign Service supervisory guide since 2004 and the civil service supervisory guide since 2007 to reflect sexual harassment policy changes. The supervisory guides aim to help supervisors and managers identify and address conduct and performance problems. The guides discuss the supervisor’s responsibilities, the disciplinary process, and certain types of misconduct. The guides do not, however, explain that supervisors are required to report allegations or observations of sexual harassment to OCR, although doing so has been a requirement in the FAM since 2010.

State/IG surveyed 2000 randomly selected employees and got a 27% response rate

OIG randomly selected 2,000 Department direct-hire employees who were employed as of October 1, 2018. OIG conducted a pre-test of the survey with 20 of the randomly selected employees. OIG surveyed the remaining 1,980 employees and received “undeliverable” responses from 215 email accounts.  A total of 479 employees responded to the survey, accounting for a 27 percent response rate.
[…]
Several factors may have affected the response rate: lack of access to Department e-mail during the 5-week lapse in appropriations; the sensitive nature of the subject; and employees being out of the office during the timeframe.4 Additionally, due to limited resources, OIG did not select a sample of respondents to validate their survey responses. OIG’s statistician analyzed the data by reviewing the responses of survey respondents. OIG also interviewed 10 employees who contacted OIG to share their personal experiences with sexual harassment at the Department. Additionally, OIG interviewed employee groups representing Department employees for additional employee perspectives on sexual harassment.

Related posts from 2014-2016:

 

OIG Issues Recommendation For US Embassy London: EUR Says Nah! Y’all Can Just View Workplace Harassment Videos

The long awaited OIG report on US Embassy London was finally released on August 12 (PDF). The inspection was conducted from September 3 to December 9, 2019. Copies of the draft report were furnished to “Department stakeholders” including the EUR bureau and the US Embassy in London. The report does not say when this draft report was sent out for comments. It also does not indicate if it sent a copy of this draft report to the Under Secretary for Management and Pompeo BFF Brian Bulatao. The State Department left a Senior Bureau official in EUR to respond on behalf of State Department Management.
Late April. According to the Project On Government Oversight (POGO), the inspection report went to US Embassy London for comment (see Watchdog Firing Came Amid Probe of Trump’s Friend, the U.S. Ambassador in London).
On Friday, May 15, 2020,  the Senate-confirmed OIG Steve Linick was fired  (Trump to fire State/OIG Steve Linick who is reportedly investigating Pompeo). NYT reported that Linick has been locked out of his office, despite a law mandating a 30-day waiting period for Congress to raise objections.
May 15, 2020, the President appointed Stephen Akard as Acting Inspector General (PDF).
On May 27, 2020, the US Ambassador to London Woody Johnson wrote a memo to the OIG Assistant Inspector General for Inspections Sandra Lewis in response to the draft report.
June 4, 2020: Acting OIG Stephen Akard informed Congress that he stepped away from OFM operations and is recused on “all matters related to OFM”, “matters I worked on”, and matters involving individuals he know personally (PDF).
On July 1, 2020, the EUR Bureau’s Senior Official Philip Reeker (they’ve given up on having a Senate-confirmed assistant secretary) responded to the draft report according to State/OIG.  Reeker’s memo sent to State/OIG Sandra Lewis , appended to the OIG report, does not include the date it was written, and contains just one paragraph in response to OIG’s Recommendation 1. The EUR bureau did not even bother to respond to OIG Recommendation 9 related to the $31.5 million deficit in the the defined benefit pension plan for the LE staff of US Mission London.
August 5, 2020: Politico reported that Acting OIG Stephen Akard has resigned and not expected to return to the office for the remainder of the week.
August 7, 2020: Acting Inspector General Stephen Akard officially resigned from his position (PDF).
On August 12, 2020, State/OIG under Acting IG – Diana R. Shaw (deputy to Linick, then Akard) released its report of US Embassy London, omits from its front page summary the topics that merited the longest response from both the EUR bureau and the ambassador. Should be interesting to see what that draft report looked like. Excerpt below from publicly available OIG report (PDF):

Tone at the Top and Standards of Conduct

The Chief of Mission, a first time, non-career ambassador, arrived in August 2017 and presented his credentials to Her Majesty Queen Elizabeth II in November 2017. From New Jersey, he was a businessman and philanthropist. The DCM, a career Senior Foreign Service officer, arrived in January 2019 following an assignment as acting Deputy Assistant Secretary for Egypt and North Africa. Prior to that, she had multiple domestic and overseas assignments, principally in or involving the Near East.

When the Ambassador arrived at Embassy London in late summer 2017, he assumed responsibility from the previous DCM who had served as Chargé d’Affaires for approximately 7 months. OIG learned that the relationship between the Ambassador and the former DCM deteriorated during the year that they worked together, affecting mission morale and ending in the DCM’s reassignment. Based on interviews with embassy staff, OIG concluded that the Ambassador did not always model the Department’s leadership and management principles as contained in 3 Foreign Affairs Manual (FAM) 1214 and, in particular, 3 FAM 1214b(4) and (6) regarding communication and self-awareness. For example, some embassy staff told OIG that when the Ambassador was frustrated with what he interpreted to be excessive staff caution or resistance to suggestions about which he felt strongly, he sometimes questioned their intentions or implied that he might have them replaced. This caused staff to grow wary of providing him with their best judgment. With the arrival of the current DCM, chosen by the Ambassador, staff generally reported to OIG that they saw better communication from the Front Office and an increased confidence from the Ambassador in the mission’s staff.

OIG also found that some staff were impacted by the Ambassador’s demanding, hard driving work style and it had a negative effect on morale in some embassy sections. In addition, OIG learned, through employee questionnaires and interviews, that the Ambassador sometimes made inappropriate or insensitive comments on topics generally considered Equal Employment Opportunity (EEO)-sensitive, such as religion, sex, or color. According to 3 FAM 1526.1, offensive or derogatory comments, based on an individual’s race, color, sex, or religion, can create an offensive working environment and could potentially rise to a violation of EEO laws. Based on the information that OIG learned during the inspection, and pursuant to the requirements in 3 FAM 1526.2, a more thorough review by the Department is warranted.

Recommendation 1:

The Bureau of European and Eurasian Affairs, in coordination with the Office of Civil Rights, should assess the Chief of Mission’s compliance with Department Equal Employment Opportunity or leadership policies and based on the results of the review, take appropriate action. (Action: EUR, in coordination with S/OCR)

Washington interlocutors plus “coffee and donuts”

At the time of the inspection, OIG interviews indicated that both the Ambassador and the DCM modeled 3 FAM 1214 attributes of strategic planning and decisiveness. The Ambassador advised the embassy staff on the importance of spending U.S. taxpayer monies wisely, and he and the DCM practiced proper procedures with respect to receipt of gifts. Both mission employees and Washington interlocutors told OIG the Ambassador was reaching out to U.S. direct-hire and LE staff in an effort to know them better, to convey his appreciation for their work, and to continue to familiarize himself with the many aspects of the complex, multiagency mission he was leading. OIG also learned of several efforts by the Ambassador to engage with his staff, including an event at his residence, Winfield House, for LE staff with 30 years or more of service. He also invited staff to join him for informal “coffee and donuts” gatherings in the embassy. Staff and senior Washington interlocutors told OIG they were encouraged by the constructive and effective partnership formed between the Ambassador and the DCM.

Johnson’s Response to Recommendation 1, May 27, 2020 Memo to OIG:

During my tenure as U.S. Ambassador to the United Kingdom and indeed for the entirety of my professional life, I have respected both the law and the spirit of EEO principles and have ensured that all employees under my direction do the same. If I have unintentionally offended anyone in the execution of my duties, I deeply regret that, but I do not accept that I have treated employees with disrespect or discriminated in any way. My objective is to lead the highly talented team at Mission UK to execute the President’s policies and to do so in a way that is respectful of our differences, with zero tolerance for discrimination of any kind. I believe that team cohesion in our mission is better than ever and as is stated in the OIG report’s narrative, that I have taken extensive measures to get to know all of the staff and thank them for their contributions. I am especially proud of how the Mission UK team has handled these challenging times of COVID-19.

In order to address the concerns documented in your report, perceived or real, I have reviewed an S/OCR course on discrimination in the workplace and have instructed the entire Mission UK country team to do the same, with 100% compliance by the end of May. I respectfully disagree with Recommendation 1 and ask that the OIG consider the absence of any official complaints against me during my three year tenure and the generally positive tone of the OIG report on Mission UK before including the recommendation in the final report and concluding that my actions have negatively affected morale.

Management Response (State/EUR) to Recommendation 1, Memo to OIG:

In its July 1, 2020,2 response, the Bureau of European and Eurasian Affairs disagreed with this recommendation. The bureau stated, that given the concern expressed, the Ambassador has viewed the Office of Civil Rights video on workplace harassment and has instructed all section and agency heads to do the same. He has also encouraged all staff to take the Foreign Service Institute training on mitigating unconscious bias. The bureau also represented that the Ambassador “is well aware of his responsibility to set the right tone for his mission and we believe his actions demonstrate that.” Accordingly, the bureau reported it did not believe a formal assessment was required, but proposed that, in coordination with the embassy, it would instead work with the Office of Civil Rights to provide advice and additional training to all staff, including the Chief of Mission, to heighten awareness on these important issues.

Here is the full undated response from the bureau via State/OIG:

OIG Reply to EUR’s response: SIR! Have you meet your obligations under 3 FAM 1526.2, SIR?

OIG considers the recommendation unresolved. OIG acknowledges the actions that the mission has taken with regard to training of staff and the stated bureau proposal to work with the Office of Civil Rights to provide advice and additional training to all staff. These actions, however, do not address the recommendation which calls for an assessment of Chief of Mission compliance with Department Equal Employment Opportunity or leadership policies. The recommendation can be closed when OIG receives and accepts documentation that the Bureau of European and Eurasian Affairs has met its obligations under 3 Foreign Affairs Manual (FAM) 1526.2.

Read on:
3 FAM 1526.2 The Department’s Responsibilities Under This Policy
[Under 3 FAM 1520 – NON-DISCRIMINATION ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, OR RELIGION]
(CT:PER-631;   12-14-2010)
(State) (Foreign Service and Civil Service Employees)

a. If the Department receives an allegation of discriminatory harassment, or has reason to believe such harassment is occurring, it will take the steps necessary to ensure that the matter is promptly investigated and addressed.  If the allegation is determined to be credible, the Department will take immediate and effective measures to end the unwelcome behavior.  The Department is committed to taking action if it learns of possible discriminatory harassment, even if the individual does not wish to file a formal complaint.

b. The Office of Civil Rights (S/OCR) is the main contact point for questions or concerns about discriminatory harassment.  S/OCR is responsible for investigating or overseeing investigations of alleged discriminatory harassment.  S/OCR is committed to ensuring that all investigations are conducted in a prompt, thorough, and impartial manner.

c.  Supervisors and other responsible Department officials who observe, are informed of, or reasonably suspect incidents of possible discriminatory harassment must immediately report such incidents to S/OCR, which will either initiate or oversee a prompt investigation.  Failure to report such incidents to S/OCR will be considered a violation of this policy and may result in disciplinary action.

d. S/OCR will provide guidance as needed on investigating and handling the potential harassment.  Supervisors should take effective measures to ensure no further apparent or alleged harassment occurs pending completion of an investigation.

e. The Department will seek to protect the identities of the alleged victim and harasser, except as reasonably necessary (for example, to complete an investigation successfully).  The Department will also take the necessary steps to protect from retaliation those employees who in good faith report incidents of potential discriminatory harassment.  It is a violation of both Federal law and this policy to retaliate against someone who has reported unlawful harassment.  Violators may be subject to discipline.

f.  Employees who have been found by the Department to have discriminatorily harassed others may be subject to discipline or other appropriate management action.  Discipline will be appropriate to the circumstances, ranging from a letter of reprimand to suspensions without pay to separation for cause.  A verbal or written admonishment, while not considered formal discipline, may also be considered.

So, who you gonna call? 
Dammit, the Ghostbusters!

 

Sexual Harassment in the Federal Government: Public Comments #FedMeToo

 

This is a follow-up to our posts on the U.S. Commission on Civil Rights’s  examination of sexual harassment in the federal government.  The Commission specifically examined agency-level practices to address sexual harassment at the U.S. Department of State and the National Aeronautics and Space Administration (NASA).
The U.S. Commission on Civil Rights (USCCR) says that the testimony from their May 2019 briefing and public comments “will inform” their 2020 report “to Congress, the President, and the American people regarding the federal government’s response to sexual harassment in the federal workplace.”
USCCR has now made available the public comments sent to the Commission.
Note that S/OCR is one of those offices that report directly to the Secretary of State,
Also, left on its own, we don’t think the State Department would willingly release the victims of harassment, discrimination or assaults from the Non Disclosure Agreements signed.  It is left to the U.S. Congress to mandate such a release, as well as require the Department to make public the cost of these taxpayer funded-settlements each fiscal year.
Individual 2: FSO-01 with 17 years in the Foreign Service and six years of active duty in the U.S. Military

 

Individual 3: Retired FSO (2006-2017) with 16 co-signers

 

Individual 5: FSO for Locally Employed Staff

FSO, assault survivor

Senior Litigator at the Justice Department, stalked by supervisor for over a year
Related posts:

USCCR will accept public comments by an anonymous author in #sexualharassment inquiry

Help Fund the Blog Diplopundit 2019 — 60-Day Campaign from June 5, 2019 – August 5, 2019

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This is a follow-up post to USCCR extends comment period for sexual harassment inquiry to Monday, June 25th and U.S. Civil Rights Commission Examines Sexual Harassment in Federal Govt (State, NASA) #FedMeToo.

We asked the USCCR how federal employees can protect themselves from potential retaliation from their agencies, and still be able to contribute to the Commission’s inquiry on sexual harassment in government offices. We understand that some State Department employees may also be tied  up with NDAs that may prevent them from discussing some details (for instance sensitive or classified locations, etc). We were also interested in learning if the Commission is also looking into practices at other agencies, and if so, which agencies are also being looked at (besides NASA and the State Department).

Below is the response we received from USCCR:

The US Commission on Civil Rights will accept public comments by an anonymous author. In regard to the application of non-disclosure agreements (NDA’s) the Commission cannot provide legal advice. We recommend that an individual who is a party to an NDA consult an attorney.

As far as what our investigation entails we are looking at the Equal Employment Opportunity Commission’s (EEOC) enforcement efforts to combat workplace sexual harassment across the federal government, including the frequency of such claims and findings of harassment, the resources dedicated to preventing and redressing harassment, and the impact and efficacy of these enforcement efforts. The investigation and subsequent report will also examine agency-level practices to address sexual harassment at the U.S. Department of State and the National Aeronautics and Space Administration (NASA).

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@StateDept’s Mandatory Harassment Training Overview (Video)

Posted: 3:17 am ET

 

Below is an unlisted video uploaded on February 2, 2018 by the “DMO Team” (?) that talks about the Mandatory Harassment Training ordered by Secretary Tillerson at the State Department. The presenter is Pamela Britton, an Attorney-Adviser from the Office of Civil Rights (S/OCR) at the State Department.

Around the 22 minute mark, the presenter talks about the reporting trends on harassment – saying that it has increased dramatically over the past four years FY2014 (235), FY2015 (320), FY2016 (365), FY2017 (483) but also notes that S/OCR “does not believe that the number of reports are equivalent to the number of actual behavior increasing” or that there’s “an uptick in poor behavior.”  They’re tying the increase in reporting “to the fact that people are now more informed of what to do, how to report, and what should be reported.” Supervisors are reportedly now better informed of their mandatory reporting requirement. Also that there is less tolerance for behavior that may have been tolerated 20 years ago. One more thing to note. Majority of reports are reportedly from overseas, and a significant number of alleged harassers are at the GS-14/FS-02 and higher ranking employees.

This video also cites two EEOC cases from DHS and the U.S. Navy. Whoever put this video together somehow forgot the sexual harassment case at FSI that S/OCR determined was not a sexual harassment case, but where the EEOC eventually found the State Department liable: @StateDept to Hold “Harassment in the Workplace” Session But First, Read This FSI Sexual Harassment Case). And here’s another one: Sexual Assault at a State Dept-Leased Apartment: If This Isn’t Abysmal Failure, What Is It?

 

According to the description posted with this video, on January 12, 2018, Secretary Tillerson mandated all American direct-hire employees receive harassment awareness training within 90 days (by April 12). The Bureau of Human Resources (HR) and the Office of Civil Rights (S/OCR) have made the following video available to ensure that all employees can comply. To ensure accountability with this requirement, all Assistant Secretaries, Chiefs of Mission, Charges, and Principal Officers must certify that all American, direct-hire employees under their supervision have received the training, via memo for domestic employees and front-channel cable for employees stationed abroad. In addition, the Foreign Service Institute, in coordination with S/OCR and HR, will reportedly develop an online harassment awareness-training course, which will be available later in 2018. All locally employed staff, personal services contractors and contractors will be held accountable for completing this on-line training by December 31, 2018.

The video posted says that for questions, please email SOCR_Direct@state.gov. If you would like to report an instance of harassment, please use the reporting link http://socr.state.sbu/OCR/Default.asp…. (links to Intranet site). If you do not have intranet access, folks may send an email to the aforementioned address or call 202-647-9295.

With regards to the harassment training, note that the EEOC in 2016 put out a Report of the Select Task Force on the Study of Harassment in the Workplace (June 2016), which find that much of the harassment training done over the last 30 years has been ineffective in preventing harassment. See https://www.eeoc.gov/eeoc/task_force/harassment/report.cfm,

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EEOC Awards $60K For USNATO Brussels’ Failure to “Reasonably Accommodate” @StateDept Employee

Posted: 2:36 am ET

 

Via eeoc.gov/vol 1/FY18:

Commission Increased Award of Damages to $60,000. The Commission previously affirmed the Agency’s finding that it failed to reasonably accommodate Complainant. Following an investigation of Complainant’s claim for damages, the Agency awarded Complainant $10,500 in non-pecuniary damages. On appeal, the Commission affirmed the Agency’s decision not to award pecuniary damages, finding insufficient documentary proof to support such an award. The Commission, however, increased the award of non-pecuniary damages to $60,000. The Agency conceded that Complainant established a nexus between the harm he sustained and the discrimination. The record evidence confirmed that over a three-year period, Complainant experienced an exacerbation of his pre-existing conditions caused by stress created by the Agency’s discriminatory actions. Complainant stated that he experienced anxiety, irritability, insomnia and loss of consortium, and indicated that he did not go out socially. He also noted that he experienced headaches, and night sweats, and was forced to increase his medication when the Agency refused to accommodate him. The evidence supported Complainant’s assertion that his condition had stabilized prior to the discrimination, and the Agency was liable for the worsening of Complainant’s condition. Irvin W. v. Dep’t of State, EEOC Appeal No. 0120141773 (Oct. 28, 2016).

Here is a quick summary of the case:

At the time of events giving rise to this complaint, Complainant worked as an Information Management Specialist at the Agency’s U.S. Mission to NATO in Brussels, Belgium.  On September 11, 2009, Complainant filed an EEO complaint alleging that the Agency discriminated against him on the basis of disability (Sjogrens Syndrome, Rheumatoid Arthritis and Anxiety) when the Agency failed to provide him with a reasonable accommodation of his disability. After an investigation, Complainant requested the Agency issued a final decision.  In its decision, the Agency found Complainant established he was subjected to discrimination when he was denied an accommodation.  As relief, the Agency ordered that Complainant be provided with a reasonable accommodation. On July 14, 2011, Complainant appealed the decision, and we affirmed the Agency’s finding on liability, and remanded the matter to the Agency so that it could conduct a supplementary investigation into Complainant’s entitlement to compensatory damages.  After conducting an investigation, the Agency issued its decision on March 12, 2014 awarding Complainant $10,500.00 in non-pecuniary damages. Specifically, the Agency found that Complainant’s pre-existing condition was largely the cause of Complainant’s physical and emotional distress during this time, and that the amount awarded was meant to compensate Complainant for the worsening of that condition.  The Agency disagreed with Complainant’s claim that his condition had stabilized by the time he arrived in Brussels, as evidence revealed he was still on a large dosage of steroids in July 2008, weeks before he began working.  Although Complainant alleged that he suffered from a loss of bone density (Osteopenia) as a result of his long term steroid use, the Agency determined that there was insufficient evidence that this was as a result of the discrimination.  Furthermore, although Complainant suffered emotional distress related to the discrimination, such distress occurred prior to his request for reasonable accommodation, which the Agency could not be held liable for.  In sum, the Agency concluded that Complainant’s condition was inherently unpredictable, and accordingly, his symptoms were unrelated to the discrimination itself.  Accordingly, the Agency concluded that $10,500.00 was an appropriate amount to compensate Complainant for the emotional distress he suffered.  The Agency declined to award any pecuniary damages in response to Complainant’s request.  This appeal followed.
[…]
Based upon the evidence provided by Complainant, we find the Agency’s award of $10,500.00 to be inadequate to remedy the harm caused by the Agency.  The Commission notes that record evidence confirmed that over a three year period, Complainant experienced an exacerbation of his pre-existing conditions for which he sought treatment caused by the stress created by the Agency’s discriminatory actions.  Complainant asserts that he suffered from anxiety, irritability, insomnia, and loss of consortium.  He maintains he did not go out socially, and suffered from headaches, night sweats and loss of bone density.  Most notably, he states he had tapered down his steroid dosage prior to reporting to Brussels, but was forced to increase the medication when the Agency refused to provide him with an accommodation of his disability.  We find the evidence supports Complainant’s position that his condition had stabilized and thus, the Agency is liable for the worsening of his condition. The Commission finds that an award of $60,000.00 is reasonable under the circumstances. See Complainant v. Dep’t of Transp., EEOC Appeal No. 0720140022 (Sept. 16, 2015) (Complainant awarded $60,000.00 where Agency’s failure to accommodate resulted in depression, anxiety, sleeplessness, and exacerbation of existing symptoms); Complainant v. Soc. Sec. Admin., EEOC Appeal No. 0720130013 (Aug. 14, 2014) (Complainant awarded $60,000.00 where Agency’s failure to accommodate resulted in exacerbation of post-traumatic stress disorder, depression, stress, and elevated blood pressure); Henery v. Dep’t of the Navy, EEOC Appeal No. 07A50034 (Sept. 22, 2005) ($65,000.00 awarded where Complainant suffered from frustration, negativity, and loss of sleep for a four-year period, as well as physical pain associated with the resulting excessive walking. The discrimination caused significant increase in Complainant’s need for medical treatment, as well as an increase in physical and emotional harm). The Commission finds that this amount takes into account the severity of the harm suffered and his pre-existing condition, and is also consistent with prior Commission precedent. Finally, the Commission finds this award is not “monstrously excessive” standing alone, is not the product of passion or prejudice, and is consistent with the amount awarded in similar cases.  See Jackson v. U.S. Postal Serv., EEOC Appeal No. 01972555 (Apr. 15, 1999) (citing Cygnar v. City of Chicago, 865 F. 2d 827, 848 (7th Cir. 1989)).

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Congress Seeks Info on @StateDept Senior Executives Who Are Subjects of Multiple Complaints

Posted: 12:47 am ET

 

Last week, we blogged about Senators seeking a review/analysis of @StateDept and @USAID sexual harassment and assault data. We have issues with the current harassment data, and sexual assault data in particularly is hard to come by. We want to know how many sexual harassment settlements were made, and how much. We also want to know how many sexual assaults reports have been made, how many cases were refused prosecution by the Department of Justice, and what happens to these cases/victims and their careers. We realized that we can scream our head off in this blog, but only Congress can force the State Department to make this data public (anonymized with no personally identifiable information). That time may be slow in coming, but it is coming.

Rep. Elijah E. Cummings, the Ranking Member of the House Committee on Oversight and Government Reform, on January 22 sent a letter to Secretary Tillerson requesting information about members of the Department’s Senior Executive Service (SES) who have been the subjects of multiple complaints, including Equal Employment Opportunity (EEO) complaints. We don’t know what are the specific complaints in this case but EEOC discrimination complaint types include AgeDisabilityEqual Pay/CompensationGenetic InformationHarassmentNational OriginPregnancyRace/ColorReligionRetaliationSex, and Sexual Harassment.

Representative Cummings notes in his letter that “Several career employees at the State Department, including one of my constituents, have written to me raising serious allegations that the Department has repeatedly failed to eliminate the hostile work environment created by a member of the SES, [NAME REDACTED].” Mr. Cummings letter says that the employees indicated to him that numerous complaints have been filed against this individual “that resulted in settlements, but the Department has taken little action to hold this executive accountable or protect employees from abusive management practices.”

We understand that there are multiple individuals involved in the complaints shared with the House Oversight Committee but we don’t know the exact numbers, and whether or not this specific inquiry involves one specific SES member or more. It is telling that the trend on the complaints has moved to the Hill, and no longer localized within the agency. Is this an indicator that the current reporting system is not responsive to the needs of those affected? Or are we just living in a different era?  We do not want to see a trial by media, especially in the hands of politicians, but victims with no real recourse for redress may decide that talking to the Hill or the press is the only action left for them, no matter the personal consequences.

Also worth noting that Mr. Cumming’s request is specific to the Senior Executive Service, the senior ranks of the Civil Service, and does not include the senior ranks of the Foreign Service.

Mr. Cummings letter is asking the State Department to respond to the following requests:

1. an itemized list, with personally identifiable information removed, enumerating  each informal and formal complaint filed against [NAME REDACTED] at any time during his career, including but not limited to EEO complaints, citing:

  • (a) the date on which each complaint was filed;
  • (b) the base(s) of the complaint;
  • (c) the dates on which the complaint advanced through the informal and formal complaint steps;
  • (d) whether there was any finding arising from the complaint that discriminatory or retaliatory action had occurred;
  • (e) whether the complaint resulted in a settlement; and
  • (f) the terms of any settlement (including any monetary amounts included in the settlement); and

2. The number of Senior Executives against whom more than one informal or formal complaint has been filed with the Department of State at any time during the past five years.

3. All Department policies governing how evaluations of Senior Executives’ performance account for their work creating equality of opportunity for all employees.

See HOGR Cummings January 22, 2018 letter to Tillerson

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Senators Seek Review/Analysis of @StateDept and @USAID Sexual Harassment and Assault Data

Posted: 2:29 am ET

 

U.S. Senators Ben Cardin (D-Md.), Ranking Member of the Senate Foreign Relations Committee, and Jeanne Shaheen (D-N.H.), Ranking Member of the SFRC Subcommittee on State Department and USAID Management, led the Committee’s Democrats in a letter to Secretary of State Rex Tillerson and USAID Administrator Mark Green on January 17, requesting a review and analysis of data to better understand the scope of sexual harassment and assault issues at the Department and Agency, in order to consider appropriate policy changes to address the problems.

ABOUT TIME.

Note that back in September 2016,  this blog wanted to know the statistics on sexual assault in the Foreign Service, specifically in Afghanistan and Iraq since 2003. We were also interested in overall statistics on sexual assault in the Foreign Service worldwide, during the last 10 years. We did not ask for names, only numbers. We simply asked for an accounting of sexual assault reports since the invasion of Iraq in 2003 to the present, and the worldwide number of reports spanning over 280 overseas posts in the last 10 years. We were sure the data must be available somewhere. How could it not?

This was the State Department’s official response at that time:

“The Office of Special Investigations receives and catalogues allegations and complaints. Allegations are neither categorized by location nor by alleged offense.”

That remains a shocking response.

Without looking at their data by location and offense, or for that matter by individuals accused, how is the State Department to know when there are serial offenders in its ranks? (See The State Dept’s Sexual Assault Reporting Procedure Appears to Be a Black Hole of Grief).

In its 4th Quarter 2017 report for period ending September 30, 2017, the Office of Civil Rights (S/OCR) does have some information on Equal Employment Opportunity Data required by the No Fear Act.  The public report indicates that reprisal is the number one complaint by basis in FY2017.  Non-sexual harassment went from 72 complaints in 2016 to 103 at the end of FY2017. The comparative report notes 3 complaints of sexual harassment in 2016 and 6 complaints at end of FY2017.

The average number of days in investigation? 207.17 days.

Total Findings of Discrimination after a hearing for sexual harassment? Zero. In 2012.

Also zero in 2013, in 2014, in 2015, in 2016, and through the end of FY2017. Zero.

Apparently, S/OCR does not also count cases reversed by the EEOC like that 2016 case where S/OCR did not find sexual harassment but where the EEOC decided that the complainant was indeed subjected to sexual harassment and ordered the State Department to take remedial actions (see @StateDept to Hold “Harassment in the Workplace” Session But First, Read This FSI Sexual Harassment Case).

S/OCR was recently a presenter in a State Department Q&A session “Should I Report That? How (and when) to Report Workplace Conflict, Harassment & Bias in the Department”.

To read more about our previous posts on sexual assault, click here; for sexual harassment, click here.

Below is the text of the letter to Secretary Tillerson and USAID Administrator Mark Green:

We write to draw to your attention the November 28, 2017 letter signed by over 200 national security professionals who have served, often with distinction, in the State Department, the intelligence community, USAID, and the Pentagon about their experiences of (or serving as witnesses to) incidents of sexual harassment or sexual assault inside our national security bureaucracies.

This letter speaks to what we believe remains a critical issue that too many of our national security institutions have been too slow to address: sexual assault and harassment and its effects on the professionalism and effective functioning of those institutions. These incidents and the pervasive culture that all too frequently excuses these behaviors and actions have had serious and detrimental consequences for the careers and lives of those affected – and by depriving the United States of the service of some of our best and brightest, a deep and negative effect on our national security.

To better address this issue, we would urge you to provide the Foreign Relations Committee a review of your current methods for data collection, oversight, reporting structure, victim protections, analysis and anti-sexual harassment training, including employee feedback on these mechanisms and how they are being implemented. In our oversight capacity, we hope to work with you, to review and analyze the data to better understand the scope of the problem we confront as we consider appropriate policy changes to address it.

The November 28 letter contends that training is all too often “erratic” and “irregular,” and that policies often go unnoticed among staff. In our experiences serving on the oversight committee with responsibilities for the Department of State and USAID we concur with this contention. We would urge that you pay special attention to whether anti-harassment training is adequate, how it is implemented, and how it is enforced, in your respective reviews. We also urge you to examine your procedures for disciplinary actions to ensure that those who demonstrate improper behavior are held accountable for their actions.

The letter also calls for a number of reforms including a clear indication that national security leadership will not tolerate certain behavior, ensuring the full accessibility and functioning of “multiple, clear, private” channels to report abuse without fear of retribution, and ensuring sufficiently regular, mandatory, and instructive training for employees and contractors. We would be interested in your thoughts and comments on these potential areas for reform.

We also urge that you each take the opportunity to work with us to determine what additional resources are necessary to ensure that each report and allegation receives proper attention, that your offices are collecting all the relevant data, that cases are addressed in a timely and confidential fashion, and that training is fully implemented across the State and USAID workforce.

At a moment in our country when we are being reminded anew of the scope and challenge of sexual harassment in the workplace, we are rededicating ourselves here in the Senate to addressing this issue in our own ranks. The Legislative branch faces similar challenges and that while we work to address them, we expect the same from executive branch agencies. For our part, in addition to exploring appropriate oversight and legislative action to ensure that you have the resources and focus that you need to address these issues, we also intend to place additional emphasis on these issues in the confirmation process. We intend to ensure that nominees live up to the highest standards of behavior, and will seek commitments regarding how they intend to address sexual harassment and assault if they are confirmed.

Lastly, we note that the abuses, harassment and assaults noted in the November 28 letter are enabled by an environment in which the diversity of our nation – one of our “secret weapons” and competitive advantages as a nation – is not reflected in the national security workforce. This is especially true at the senior levels. At the State Department, for example, women and men enter the Foreign Service in roughly comparable numbers, but only about one-third of our senior Foreign Service Officers are women. Although women comprise a majority of the Civil Service, the Senior Executive Service remains 61% male and 89% white. Similarly disturbing trends come to light when analyzing the salaries, bonuses and expectations of workplace behavior amongst men and women working in national security roles. We still have a long way to go on gender equality in the national security workforce, and encourage you to share with us as well your vision for how you plan to address deficiencies in recruitment, retention and promotion to assure that your national security workforce is equitably balanced.

The members of our national security workforce should not be forced to spend their time and energy combatting harassment and a culture of tolerance for disrespectful behavior. Rather, they should be free to focus on what they do best – working to keep our nation safe. And we know from numerous studies that a more diverse workforce leads to better outcomes. A 2015 McKinsey study found that a more diverse workforce is more successful through improved decision-making, leadership, and financial progress. We know that to be true in the private sector and we know that to be true for government as well.

Mindful that there are myriad challenges and opportunities to better address sexual harassment in the workplace we do not seek nor do we expect you to develop a cookie-cutter approach to these issues. Rather, we call on you to respect the dignity of each member of our national security workforce by ensuring an environment in which each individual is capable of fully contributing his or her talents to our national security, without obstruction.

The original text of letter is posted here.

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