By: Tom White

Attorney J.J. Dominguez of the Dominguez Firm explains the rights of a government employee subjected to sexual harassment on the job, “Government employees usually have more steps for reporting workplace sexual harassment. But that should not deter them from filing a complaint. They have the same right to do so as employees in the private sector. They should hire a workplace sexual harassment attorney right away. An attorney with experience handling sexual harassment claims against the government will know how to proceed and protect their client’s rights.”

How are sexual harassment claims against a government agency different from those against employers in the public sector? And is anything being done to streamline the process for impacted government employees? Please keep reading to find out.

Government vs. Private Sector: Key Differences

Compared to private companies, government workplaces have different procedures for handling sexual harassment cases:

Internal Investigations: Instead of directly filing with the Equal Employment Opportunity Commission (EEOC), government employees must first navigate internal complaint procedures within their agencies. These processes can be lengthy, bureaucratic, and lack transparency, leaving victims confused and unsure of their options.

Sovereign Immunity: While not absolute, government agencies have some level of protection from lawsuits due to sovereign immunity. This can create additional hurdles for employees, such as extra documentation and tighter deadlines for filing a complaint.

Qualified Immunity: In certain situations, individual government employees might have qualified immunity, shielding them from personal liability for certain actions, even if deemed inappropriate. This can also discourage reporting.

Power Dynamics: Government workplaces often involve hierarchical structures and power imbalances, with supervisors wielding significant authority over subordinates. This can make it even more intimidating for victims to come forward, fearing potential retaliation or career repercussions.

The Paradox at the Heart of the Issue

The crux of the paradox lies in the inherent tension between two key aspects:

The Government’s Role: Governmental bodies set the legal framework and policies against workplace sexual harassment. They champion equality and create avenues for reporting misconduct.

Challenges for Government Employees: Despite being tasked with creating and enforcing these protections, the government itself can create an environment where reporting harassment is intimidating and lengthy.

Moving Towards Solutions

Several reports and initiatives have brought awareness to this issue and proposed changes to the current reporting system at all levels of government.

Government Accountability Office (GAO) Reports: The GAO has published multiple reports criticizing the internal complaint processes for sexual harassment in various government agencies, urging them to improve transparency, timeliness, and accountability. This provides crucial data and recommendations for reform.

Congressional Hearings and Legislation: In 2019, the House Subcommittee on Government Operations held hearings examining sexual harassment in federal workplaces, leading to recommendations for strengthening policies and resources. Recent legislative proposals like the “Ending Forced Arbitration in Sexual Assault and Sexual Harassment Act” aim to address potential barriers to justice for victims in both public and private sectors.

Agency-Specific Initiatives

EEOC’s Updated Enforcement Guidance: The Equal Employment Opportunity Commission (EEOC) issued updated guidance in 2021, clarifying federal laws on workplace harassment and emphasizing the importance of proactive measures by employers, including government agencies.

Internal Reforms: Several government agencies have implemented several internal reforms:

• Streamlining the complaint processes: Reducing bureaucratic hurdles and offering multiple reporting options like confidential hotlines or online portals.
• Expanding training: Providing mandatory and comprehensive training for all employees on respectful workplace conduct, bystander intervention, and available reporting mechanisms.
• Appointing dedicated staff: Establishing specialized units or personnel trained to handle harassment complaints with sensitivity and expertise.
• Strengthening investigations: Ensuring timely, thorough, and impartial investigations with clear communication of findings and outcomes to both victims and respondents.

Continued efforts are needed to improve the sexual harassment reporting process and remove the barriers faced by government employees. This includes holding agencies accountable for implementing reforms, strengthening legal protections, fostering a culture of zero tolerance, and allocating necessary resources. By combining increased awareness, legislative action, and agency-specific initiatives, we can achieve a safer and more equitable work environment for all government employees.

Published by: Martin De Juan