Nadeau Remarks on Sexual Harassment Investigation Integrity Act at Public Hearing
Employees must trust that their allegations will be taken seriously, and that an investigation will not be influenced by internal or external politics or the appearance of politics or by the power wielded by the person being accused.
Councilmember Nadeau's remarks before the Committee on Public Works & Operations, which she chairs, on B25-0351, the Sexual Harassment Investigation Integrity Amendment Act of 2023, which she introduced in June 2023.
REMARKS
I introduced B25-0351 on June 28, 2023, in the wake of disturbing allegations by two female District government employees of sexual harassment against the Mayor’s Chief of Staff and Deputy Mayor. What followed was an insufficient investigation of those allegations as perceived by the public and the Council. I introduced emergency legislation around the same time, which was unanimously passed by the Council, which required an independent review of the internal investigations by MOLC to restore trust with employees and taxpayers.
More than what was in the report or not in the report, what made the investigation unsatisfactory was the lack of independence of the office conducting the investigation. Even if the investigation was perfect in every aspect, how would we know and trust that? After all, he was the Mayor’s associate and confidant.
How could the 36,000 employees of the District government trust that investigation was free of internal conflict? And how does that impact an employee’s decision in the future about whether to come forward with allegations of sexual harassment when they are not sure their case will be reviewed with integrity.
No employee should feel unsafe in their workplace. No employee should be subject to sexual harassment, especially by those in positions of authority and influence. No employee should fear retribution - or, just as bad, inaction - for coming forward.
The Sexual Harassment Investigation Integrity Amendment Act would require that when allegations of sexual harassment are made against executive branch employees in top-level positions of power – those who are appointed by the Mayor – those allegations will be investigated by a third party outside of District government. The goal is to minimize the risk of intended or unintended bias and even the perception of it.
Recently, the Mayor issued an executive order that updated the sexual harassment policies in the executive branch of government. The order provides clear guidance regarding workplace relationships and definitions of sexual harassment and requires more frequent training. And it also includes provisions like those in this legislation, which we are hearing today, requiring independent investigations when there are allegations against top administration officials.
Why, then, is this legislation still necessary? There are two reasons.
First, an executive order can be revoked or updated at any time by the current or a future Mayor. This legislation would set practices in law.
Second, while I greatly appreciate that the Mayor’s executive order borrows heavily from my legislation, its provisions apply to a much smaller group of officials in D.C. government. People who work for them are more likely to hesitate before bringing allegations, more likely to fear that their claims will be dismissed, more likely to fear negative repercussions for bringing forward claims. The Mayor’s order applies to cabinet level positions; this legislation would apply to all Mayoral appointees, including agency and sub-agency heads, deputy mayors, and those appointed to boards and commissions.
Employees must trust that their allegations will be taken seriously, and that an investigation will not be influenced by internal or external politics or the appearance of politics or by the power wielded by the person being accused. The public should be able to trust that we are protecting employees, protecting the use of District government assets, and that government offices are focused on and capable of doing the work they are assigned in an environment and culture that supports that work.
I look forward to hearing from our public and government witnesses on this bill today.