House Admin Sexual Harassment Reform Proposal 12-19-17
Shared for feedback by Reform Harassment in Congress
Official document available here: http://docs.house.gov/meetings/HA/HA00/20171219/106749/BILLS-115pih-RegulationsimplementingHRes630.pdf
House Admin Sexual Harassment Reform Proposal 12-19-17
Resolved, the Committee on House Administration, pursuant to House Resolution 630, adopts the following as regulations:
(A) Type of Training For purposes of compliance with the “training” requirement of House Resolution 630 of the 115th Congress, “training” must have the following characteristics:
a. All training must be at least one hour in length and focus on creating a more civil workplace and cover the prevention of harassment, discrimination, retaliation, and how to recognize situations of harassment;
b. All training must occur in person with a qualified entity listed in subsection (b);
i. Definition of “in person”
ii. For purposes of this resolution, “in person” means a training where the individual being trained is physically present in the same room as the entity conducting the training.
iii. Special Rule for District Office Employees
iv. For employees whose duty station is not in Washington, D.C., an interactive webinar or videoconference may constitute in-person training where an in-person training is not offered and available for registration within a reasonable commuting distance.
v. The Chairman and Ranking Member of the Committee on House Administration may jointly waive the paragraph
(c). Any individual whose training receives a waiver shall be listed in the report produced by the Committee in section 3.
c. All training must include:
i. information regarding the rights of employees
ii. options for reporting complaints, including those of a bystander;
iii. overview of the dispute resolution process;
iv. interactive methods of instruction;
v. customized information for the Congressional workplace;
vi. a focus on behavior and not labels;
vii. examples of subtle and severe situations;
viii. a question and answer component, including the ability to ask questions anonymously;
ix. a discussion of risk factors for harassment as discussed in the Equal Opportunity Employment Commission’s “Select Task Force on the Study of Harassment in the Workplace” June 2016 report as appropriate;
x. instructions for Members, and managers in the prevention of and response to harassment, discrimination and retaliation; and
xi. evaluation of training by participants at the conclusion.
d. All training should include the elements described in the Equal Opportunity Employment Commission’s “Select Task Force on the Study of Harassment in the Workplace” as appropriate.
(B) Provider of Training to qualify for purposes of House Res. 630
a. The Committee shall designate the official provider of training for purposes of compliance with subsection (a).
b. The Committee may designate for purposes of paragraph (a) the following entities:
i. the Office of House Employment Counsel;
ii. the Office of Compliance;
iii. the Office of House Employment Counsel and the Office of Compliance jointly; and,
iv. Any other entity as designated of the Committee on House Administration.
Section 2 – Certificates
For purposes of compliance with House Resolution 630, individuals shall log a digital or physical certificate with the Committee on House Administration. The Committee may further specify the methods by which a certificate may be logged.
Section 3 – Transparency
The Chairman of the Committee on House Administration shall submit to the House for inclusion in the Congressional record on December 31st of each year (excepting 2017) a report on compliance with the training required under House Resolution 630. The report shall detail any Member or staff who fails to comply with the training requirement under House Resolution 630.
Section 4 – Prominent Place
For purposes of compliance with House Resolution 630, the phrase “prominent place” shall have the same meaning as the posting requirements for Fair Labor Standards Act, Family Medical Leave Act, Occupational Safety and Health Act posters as issued by the Department of Labor.
Section 5 – Climate Survey
"Absent any other intervening provision of public law requiring the development and completion of a climate survey in which the House of Representatives' participation is required within 180 days of the adoption of these regulations, the Chief Administrative Officer, in consultation with the Office of House Employment Counsel, the Office of Compliance, and a group of Members evenly appointed by the Chairman and Ranking Member of the Committee on House Administration, shall procure and administer a survey of Members of Congress and congressional staff regarding employment discrimination, including a survey of the following:
(A)The prevalence of violations of part A of Title II of the Congressional Accountability Act of 1995.
(B)The existence of a hostile work environment in the Congressional workplace.
(C)Attitudes and perceptions regarding sexual harassment in the Congressional workplace.
(D)The effectiveness of the Office of Compliance and general awareness of the rights and protections provided to congressional staff and the ability of staff to exercise those rights provided by the Congressional Accountability Act of 1995.
Section 6 – Evaluation
The Committee shall annually review the effectiveness of the training program based upon the feedback of the training participants and consultation with leading experts. The Committee may promulgate additional regulations.