Plenty of employers cover up sexual harassment and even sexual assault by their executives. But ultimately most employers have to answer to the law, even if the law on sexual harassment is weak and unevenly applied. Congress, though, gets to write its own rules, and it has thrown up barrier after barrier to victims of sexual harassment getting justice or even a day in court, the Washington Post’s Michelle Ye Hee Lee and Elise Viebeck report:
If [Briony] Whitehouse [who was groped by a senator while an intern] had chosen to pursue a complaint against the senator, she would have discovered a process unlike other parts of the federal government or much of the private sector. Her complaint likely would have been thrown out because interns have limited harassment protections under the unique employment law that Congress applies to itself.
Congress makes its own rules about the handling of sexual complaints against members and staff, passing laws exempting it from practices that apply to other employers.
The result is a culture in which some lawmakers suspect harassment is rampant. Yet victims are unlikely to come forward, according to attorneys who represent them.
Under a law in place since 1995, accusers may file lawsuits only if they first agree to go through months of counseling and mediation. A special congressional office is charged with trying to resolve the cases out of court.
Oh, and then if there’s a settlement, members of Congress don’t have to dip into office funds to pay it. There’s a special slush fund for them, and the payments are confidential.
Rep. Jackie Speier (D-CA) has tried to change the process for handling sexual harassment complaints, but—surprise!—her esteemed colleagues have not voted to police themselves or require themselves to follow the same laws that apply to everyone else.
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