Transcript
[The Congressional Accountability Act: Harassment in the Workplace]
Monique: Unlawful harassment is a form of discrimination that involves verbal, physical, or visual conduct of an offensive and discriminatory nature.
William: Anti-discrimination laws aren’t civility codes. They don’t prohibit all inappropriate conduct, but these laws do give employees the right to work in an environment free from discriminatory intimidation, harassment, and ridicule.
Rosario: Unlawful harassment occurs when conduct is severe or pervasive enough to alter the conditions of employment and create an abusive working environment.
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Dana: The Director of my office was kind of touchy feely, but I figured he was just being friendly. Then he started texting me after hours, and then he started asking me out. I tried to be cool about it and would just say, “Thanks, but I’m busy.” Finally, he cornered me in one of those one-on-one meetings. He tried to kiss me, and I had to just come out and say that I felt that this was inappropriate and that I just wanted to be colleagues.
All of a sudden, I was removed from any high-profile work. He told me that if I didn’t go out with him, then there was nothing that he could do about my work assignments. I was too embarrassed to explain what was really going on.
William: Dana’s case is an example of quid pro quo harassment. When she rejected her director’s sexual advances, he responded by having her removed from projects that would have advanced her career.
Emmett: Some people assume that sexual harassment is always a case of men harassing women. However, men can also be subjects of unlawful sexual harassment, and harassment can occur between members of the same sex.
Karen: Harassment isn’t limited to sexual advances. Unlawful harassment also occurs when discriminatory behavior creates a hostile work environment.
Audrey: When I was appointed as the first female supervisor for my office, I was told I needed to increase our efficiency and work quality. There was a core group of men that had been in their positions for a long time and definitely didn’t want anything to change. Anonymous notes with derogatory words about women started showing up on my desk. They’d sabotage work product when I was getting ready to present to outside groups. They basically tried to make things so miserable for me that I would quit.
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Rosario: In Audrey’s case, the protected trait was her sex. Her coworkers’ actions created an intimidating work environment that unreasonably interfered with Audrey’s work performance.
Christopher: And remember, hostile work environment harassment can occur with respect to any protected trait. Also, the person creating the hostile work environment need not be a supervisor or have a position of authority. Sometimes harassment is committed by subordinate employees, um, customers, vendors, or even independent contractors.
Preet: I love my job. My favorite part is being able to help patrons who come in. We get a lot of repeat visitors, so you kind of get to know people. But this one gentleman was awful.
The first time I’d asked him if he needed some help, he shook his head and said, “I’m not dealing with a guy who wears a scarf on his head.” I was so surprised. I talked to my supervisor about it, but he just told me to ignore him, that there wasn’t anything he could do. I started to dread coming into work. I mean, I’m stuck at the desk. I can’t just hide.
Monique: In this case, Preet can’t make a harassment complaint against a member of the general public. And he shouldn’t have to. Whether harassment is committed by employees or outsiders, the employing office’s responsibility is the same. It must take reasonable steps to put a stop to the harassing behavior, or face legal liability.
Rosario: The harassment from this particular patron occurred repeatedly. This misconduct was severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Karen: Once Preet told his supervisor, he should have stepped in to make sure this patron changed his behavior or was barred from the premises if he continued to harass him.
Emmett: Unlawful harassment may involve discriminatory behavior in many forms. If you feel you are the subject of harassment, you can reach out to your supervisor or contact the Office of Congressional Workplace Rights for confidential assistance.
Narrator: The Congressional Accountability Act requires that all personnel actions in the legislative branch be made free from discrimination and harassment. It is also important to note that while harassment can occur anywhere in the workplace, such as in an office or the halls of Congress, it may also occur offsite when colleagues socialize together, including at a happy hour or work retreat.
Harassment can also occur virtually through video conferencing, email, and text messages. The law forbids harassment based on protected traits including race, color, religion, sex, or national origin, as well as age, union activity, disability, military status, and genetic information.
The Office of Workplace Rights works to help ensure that the legislative branch is free of discrimination and harassment, safety and health hazards, accessibility barriers, and employment and labor violations. If you have questions or concerns about harassment in the workplace, or any of your rights under the CAA, reach out to the Office of Congressional Workplace Rights.
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