EDITORIAL: Congress can set a good example
Overhauling the Congressional Accountability Act is long overdue
By The Albany Herald Editiorial Board
Congress, which writes the laws and regulations under which we function as a nation, finally appears to be taking a long, hard look at a skeleton that’s been rattling for decades in its own closet — sexual harassment.
The U.S. House on Tuesday passed a resolution that would reform the way Congress deals with sexual harassment and other cases. The legislation now goes to the Senate. Once the resolution or a version of it the two chambers agree upon is passed, it would go to President Trump to be signed into law.
Already there have been pundits expounding on the awkwardness of the president, who has accusations against him, signing the legislation. Whatever your opinion of Trump — or Congress, for that matter — is, it should be secondary to the underlying need for the legislation — protecting people from harassment at work.
It’s important to note here that these protections extend to both women and men. While women make up the the vast majority of those who are subjected to sexual harassment, this is not an anti-men measure. It is a pro-people measure.
As with any legislation, there are parts that raise concerns. Those can be addressed and ironed out in the discussions between representatives and senators on the final version. The most positive takeaway from the effort that resulted in the House resolution is that it is a comprehensive approach, not a piecemeal one. And in an increasingly caustic political divide, this legislation has bipartisan roots and nurturing.
The legislation overhauls the Congressional Accountability Act and improves the way workplace claims such as sexual harassment and discrimination are handled. Those making complaints no longer would have to go through the now mandated 30-day counseling and mediation period. It also is intended to expose the secret settlements that have been made on legislators’ behalf using taxpayer money and ends that practice. A congressional member would be required to repay settlements to the Treasury Department out of his or her own pocket within 90 days. Leaving office would not eliminate that obligation on the part of the lawmaker. That means taxpayers would no longer have to foot the bill for bad behavior on the part of their elected representatives and senators.
As the bill is examined, concerns have been expressed. Some think it will make it more difficult for citizens to learn about misconduct cases and that it could make it harder to sue members of Congress. The resolution also sends the complaint to the chamber Ethics Committee instead of the Office of Congressional Ethics, which some view as a case of the fox guarding the henhouse. Proponents of the bill, however, note that in the latter case the OCE has no ability to subpoena and that the case would be referred to the Ethics Committee anyway.
This is an opportunity for Congress to do two things: do the right thing for employees and show leadership for the country that has been lacking, largely because of political bickering and political posturing at the Capitol. As the measure is taken up by the Senate, we hope that lawmakers from both chambers will continue to refine the bill so that it ensures that employees of the government that operates the world’s greatest democratic republic are treated fairly and with the respect every person deserves.
Congress has a chance to set a good example for a change. It should seize the day.