On May 9, 2019, the U.S. Commission on Civil Rights held a public hearing in Washington, D.C. to examine 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 briefing also examined agency-level practices to address sexual harassment at the U.S. Department of State and the National Aeronautics and Space Administration (NASA). Commissioners heard from current and former government officials, academic and legal experts, advocates, and individuals who have experienced harassment.
Below is the video of the event. The State Department portion starts at the 2 hour mark. After listening to the State Department representative OCR’s Gregory Smith presentation in this hearing, we’re now actually curious about the kind of training he is talking about. It almost sound as if he’s waving the State Department training as a magic wand. And after everything he said during the hearing, we are no closer in understanding what specifically is involved in their sexual harassment training.
Also, apparently, according to the State Department rep, they “strongly enforced” steps against people taking any type of retaliation but … admitted under questioning by the USCCR that “no one has been fired” for retaliation (3:07 mark). Well, now …
Jenna Ben-Yehuda, the President and CEO of the Truman National Security Project and a former State Department employee also spoke at this hearing as well as Stephen T. Shih, NASA’s Associate Administrator for Diversity and Equal Opportunity. Both were impressive. This is worth your time, and don’t miss the Q&A at the end.
Morning Session: https://www.youtube.com/watch?v=K0GjPYRAsHQ . (includes State, NASA Reps)
Afternoon Session: https://www.youtube.com/watch?v=OOZqWFIimoQ (includes CRS rep, NSF)
Public Comments: https://www.youtube.com/watch?v=KgEFjUr3gHE . (includes USDOJ, State FSO)
The Commission says it routinely seeks public comments on the substance of its briefings. The public comment period is 30 days following the date of the hearing or briefing, unless provided otherwise. Since the public briefing: “Federal Me Too: Examining Sexual Harassment in Government Workplaces” occurred on May 9, the Commission will accept written materials until June 10 for consideration as they prepare their report on the subject. Please submit no later than June 10, 2019 to firstname.lastname@example.org or by mail to: Staff Director/Public Comments, U.S. Commission on Civil Rights, 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425.
We understand that the USCCR has asked employees (and the public) for information about:
- the culture surrounding the reporting of harassment in State and other agencies
- the reporting process, and
- new tools that can be used to address the issue
- prevention of harassment
- suggestions how to increase enforcement of existing regulations against harassment
USCCR said during the public comment portion that interested parties may submit materials for the Commission’s consideration, including anonymous submission (mark 13.1
4). Those who are submitting comments with their names attached may want to inquire about privacy/confidentiality for the reporting individual and material as the USCCR will be releasing a public report at some point. An employee speaking on background notes that individuals who signed NDAs with State may also wish to consult with a lawyer before writing to the USCCR. We’re not equipped to give legal advice and we think it’s prudent to consult with a lawyer on the limitations on what is shareable to USCCR given the uniqueness of each sexual harassment case.