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McClatchy Washington Bureau
McClatchy Washington Bureau
Politics
Alex Daugherty

Rubio supports legislation to change sexual harassment rules in Congress

WASHINGTON _ Sen. Marco Rubio said Monday that he supports various efforts to change the process of reporting and investigating allegations of sexual misconduct in Congress, two days after the Florida Republican fired his chief of staff for what he said was evidence of inappropriate behavior with subordinates.

The Senate is likely to receive legislation from the House this week that would mandate sexual harassment training for everyone who works in Congress, and change the reporting process for victims and investigations conducted on Capitol Hill.

While some of his Senate Republican colleagues have said legislation isn't necessary to force change and that merely changing Senate rules would suffice, Rubio said he would support any effort that addresses wrongdoing while protecting victims.

"Senator Rubio would support any measure that requires senators to deal with harassment the way he has _ swiftly, decisively and protective of the victims' wishes to not be publicly identified," Rubio spokesperson Olivia Perez-Cubas said in a statement.

Perez-Cubas was referring to Rubio's actions when informed of chief of staff Clint Reed's alleged misconduct.

According to a statement issued by Rubio's office, he was made aware of allegations against Reed Friday afternoon. After investigating the allegations with his general counsel, Rubio traveled from Florida to Washington Saturday evening and fired Reed.

Rubio didn't co-sponsor a recent bill by Sen. Kirsten Gillibrand, D-N.Y., that was supported by various Democrats and Republicans, though the statement from his office indicates that he would vote for legislation if it reaches the Senate floor. A bill sponsored by Rep. Gregg Harper, R-Miss., is likely to pass the House this week and the Senate can begin considering it. Harper's bill would update the 1995 Congressional Accountability Act and require the legislative branch to comply with workplace laws related to sexual harassment that are enforced in the private sector.

"The CAA Reform Act brings more transparency, accountability, and stronger protections for employees," Harper said in a statement. "It institutes a respectful, more streamlined process for individuals to report claims and reach a resolution. Ultimately, these reforms will strengthen protections for individuals and needed accountability in the workplace."

Currently, sexual harassment victims in Congress have 180 days to bring a claim to the U.S. Congress Office of Compliance, the office responsible for handling workplace complaints.

Any victims of Reed's behavior in Rubio's office would be able to bring a claim to the Office of Compliance even though Reed was fired if they file a request for counseling within 180 days of a violation, a spokeswoman for the office confirmed Monday.

"Nothing changes in the reporting and referral process if the subject of a complaint no longer works in the legislative branch," Office of Compliance spokeswoman Laura Cech said in an email.

A victim must complete up to 30 days of mandatory counseling with a further 15 days to decide whether to bring their claims to mediation. If they don't want mediation, they're out of options.

If victims do agree to mediation, a government-funded lawyer who represents the congressional office gets involved. If no settlement is reached, there's a 30-day cooling-off period before a victim can file a lawsuit or request an official hearing. If a settlement is reached, it is usually paid for with government money and accomplished with a nondisclosure agreement, meaning the general public won't know what happened.

The Senate passed a resolution in November that requires lawmakers, staffers and interns to complete mandatory sexual harassment training, though a resolution is different than legislation and is narrowly tailored to employees in the upper chamber instead of the entire legislative branch.

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