U.S. Rep. Chris Smith (R-NJ), who authored provisions incorporated in today’s landmark bill to reform the Congressional Accountability Act (CAA) reiterated his call for “zero tolerance” of sexual harassment and noted that in the past the system has favored those in power over victims—and must be changed.
“This legislation provides congressional employees with comprehensive protection from abuse, including zero tolerance for sexual harassment,” said Smith, a human rights leader in Congress. “Very, very significantly the legislation creates a new Office of Employee Advocacy, which will provide free legal services to congressional employees. It is absolutely critical that House employees have a dedicated advocate to consult, assist, and to represent them,” he said.
Having fought for staffers to receive due process in previous years, Smith also called for the end of the “charade” in which taxpayers foot the bill for Members of Congress who settle cases at no cost to themselves.
“The bill significantly increases transparency on Member conduct by publishing reports on awards and settlements, and holds Members personally financially responsible, ending the charade of having taxpayers foot the bill for abuses,” said Smith.
Smith, Co-Chairman of both the Commission on Security and Cooperation in Europe (Helsinki Commission) and the Congressional-Executive Commission on China (China Commission), also underscored section 303 of the bill which incorporates his legislation, H.R. 4393, to make it clear that employees of the Helsinki Commission and the China Commission are covered by the CAA. He told of a case filed by a staffer at the Helsinki Commission, Winsome Packer, who endured many hurdles designed to silence her, including the effort to deprive her of coverage and due process because she worked for a bicameral commission instead of the House or Senate.
Smith, who became chairman after the claim was filed, deemed her eligible for coverage but sees it imperative to codify this protection in the new law so no other employees will be threatened in the same way.
“In 2011, an employee of the Helsinki Commission filed suit, making sexual harassment and workplace retaliation allegations directed at a former chairman of the Commission,” Smith said. “When I was told by the woman that the CAA did not apply to her, I immediately, as the new chairman, changed that policy.
“I thought it was unconscionable that this person was told that, not only she did not have representation, but that the CAA itself did not cover her. That is a terrible, terrible wrong that will be rectified forever by this legislation.
“All employees should be covered and all employees should have access to the new Office of Employee Advocacy,” he said.
In the case of Winsome Packer, Smith’s successful effort to ensure a fair process in that case was noted in recent feature articles in CQ and the Washington Post, including by the woman who brought the claim. “Packer recalled the New Jersey Republican as one of her only defenders. ‘He said he would not tolerate in any sense sexual harassment of staff, and you should feel at liberty to pursue justice,’ she said.”
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