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House Dems on brink of minimum wage victory

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Sarah FerrisHouse Democratic leaders are on the cusp of a long-awaited victory on the party’s signature $15-an-hour minimum wage bill, overcoming months of sharp resistance from many of the caucus’ moderates.

Top Democrats are saying privately they’re confident that they are close enough to the 218 votes needed to pass it to bring the bill to the floor within weeks, according to multiple sources. It would mark a major political victory at the six-month mark of the Democrats’ majority.

Several one-time holdouts — including Rep. Terri Sewell (D-Ala.), who has championed a competing approach that would create a “regional” minimum wage — now say they will vote for the bill on the floor, though they are still looking for additional assistance for small businesses that may be hurt by the minimum wage.

The vote, which is expected shortly after the House returns from its Fourth of July recess, will put an end to a frenzied lobbying blitz by top Democrats to win over the caucus’s remaining skeptics, which had become a glaring example of the tensions between moderates and progressives.

House Majority Whip Jim Clyburn (D-S.C.) said in a closed-door leadership meeting Tuesday night that he secured roughly 213 votes, according to aides. Democrats believe the pressure of the roll call vote will be enough to squeeze the few remaining holdouts.

“I don’t have any doubt that we’re going to have the votes,” House Majority Leader Steny Hoyer (D-Md.) told reporters Wednesday, though he stopped short of committing to a timeframe. “There are some folks who would like to see us do something to make sure the small business fears are allayed.”

The one lingering concern, according to people familiar with the discussions, is how to deflect potentially disastrous GOP attacks on the bill when it comes up for a vote.

Republicans are expected to use their procedural powers on the floor to force Democrats to vote on tricky issues related to the minimum wage — like protections for small businesses — that could further expose the caucus’s ideological divide.

It could also tank the entire bill. If Republicans successfully force any changes into the bill, scores of Democrats would likely flee, because progressive leaders have refused to support anything less than their hallmark $15-an-hour proposal.

The lead author of the bill, House Education and Labor Chairman Bobby Scott (D-Va.), had struggled for months to rally enough moderate Democrats behind the bill, with some members privately complaining of a “tone-deaf” approach.

But momentum began to shift in recent weeks, with leaders of the Blue Dog Coalition, Rep. Tom O’Halleran (D-Ariz.) and Stephanie Murphy (D-Fla.), helped to deliver votes from red-state Democrats in exchange for their own provision in the bill.

That compromise amendment, from O’Halleran, Murphy and TJ Cox (D-Calif.), will be included in the final bill, according to multiple aides. It would require the Government Accountability Office to conduct a study on the policy’s economic effects after roughly two years — which moderates see as a potential way to revisit the issue if economic conditions deteriorate.

Scott and his team also helped win over individual members with district-by-district data that showed the number of people who would get a raise, offering a counterpoint to the objections from some local businesses.

Top Democrats, including Hoyer, have vowed to hold a vote on the minimum wage bill before the August recess, under intense pressure from outside groups to deliver on a key plank of the progressive platform.

Scott and other Education and Labor members have argued behind the scenes for weeks that they have enough votes to bring the bill to the floor. They’ve said that some holdouts would only come out in favor of the bill if they were facing a roll call — a process that one Democratic aide described as a “game of chicken.”

Heather Caygle contributed to this story.

This article was originally published by the Politico on June 20, 2019. Reprinted with permission. 

About the Author: Sarah Ferris covers budget and appropriations for POLITICO Pro. She was previously the lead healthcare and budget reporter for The Hill newspaper.

A graduate of the George Washington University, Ferris spent most of her time writing for The GW Hatchet. Her bylines have also appeared at The Washington Post, the Houston Chronicle and the Center for Investigative Reporting.

Raised on a dairy farm in Newtown, Conn., Ferris boasts a strong affinity for homemade ice cream, Dunkin Donuts coffee and the Boston Red Sox.


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This is the elaborate system Congress created to protect sexual predators on Capitol Hill

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On Tuesday, BuzzFeed reported that numerous woman on the staff of Rep. John Conyers (D-MI) say the congressman repeatedly sexually harassed them. Conyers’ conduct allegedly included “requests for sexual favors…caressing their hands sexually, and rubbing their legs and backs in public.” In at least one case, a woman who rebuffed Conyers’ advances says she was fired.

Yet until last night, Conyers’ behavior was secret. Why? There is no better place to be a sexual predator than the U.S. Congress.

Congress has created an elaborate system that protects sexual predators on Capitol Hill, including members of Congress and their staff. In the private sector and elsewhere in the government, victims of sexual harassment have the option of immediately filing a lawsuit and getting their grievances heard in court. But Congress has created a much different set of rules for victims who work on Capitol Hill.

The 180-day statute of limitations to request “counseling”

In order to pursue accountability for a sitting member of Congress for an alleged incident of sexual harassment or assault, a victim must file a written notice with the Office of Compliance within 180 days of the incident. If they don’t act within 180 days, they have no ability to pursue their claims. As reporting on Harvey Weinstein, Bill Cosby and others reveals, it can take years for victims to feel comfortable coming forward.

Furthermore, the form to file such a complaint is password protected; a victim must call the Office of Compliance to get the password to initiate the process.

The 30-day “counseling” period

After filing the complaint, the person alleging harassment or assault must participate in a 30-day counseling period. Yes, in Congress, the victims of sexual harassment must submit to counseling, as if there is something wrong with them. During this period, no one else — including the alleged harasser — is even notified the complaint has been filed.

The Office of Compliance puts a sunny face on this process, saying it “provides the employee with an opportunity to assess his/her case before deciding whether to pursue the claim(s) beyond counseling.” In other words, the process starts with a 30-day waiting period in which the victim is given the “opportunity” to consider dropping the entire matter.

The 15-day statute of limitations to request mediation

After going through the counseling process, the alleged victim has just 15 days to file a request for mediation. If they fail to do so, the claim is extinguished. The form to request mediation is also password protected and must be obtained from the Office of Compliance.

The 30-day mediation period

After the counseling process, the alleged victim is still prohibited from filing a case in court. Rather, they must enter mandatory, confidential mediation which lasts at least another 30 days. The mediation period involves “the employing office, employee, and [Office of Compliance] mediator.” The purpose of the mediation, according to the Office of Compliance, is to “resolve the dispute.”

The individual alleging harassment or assault is also required to keep this mediation secret. “All mediation shall be strictly confidential, and the Executive Director shall notify each person participating in the mediation of the confidentiality requirement and of the sanctions applicable to any person who violates the confidentiality requirement,” according to the poorly named Congressional Accountability Act, which governs the process. The alleged perpetrator may not even be involved in this process, even if the claim is settled. John Conyers, whose case was settled through mediation, claimed he was unaware of any allegations against him — although sources tell BuzzFeed he did know.

There are also indications of misconduct within the Office of Compliance. Conyers’ settlement was confidential but documents were leaked by someone to Mike Cernovich, a right-wing conspiracy theorist and professional misogynist, who shared the documents with BuzzFeed.

The taxpayer-funded sexual harassment settlement

As part of the mediation process, the parties can reach a settlement to resolve the dispute. But this settlement is not paid by the person who actually conducted the sexual harassment. Rather, the settlement is paid by you, the taxpayer. “[O]nly funds which are appropriated to an account of the Office in the Treasury of the United States for the payment of awards and settlements may be used for the payment of awards and settlements under this chapter,” the Congressional Accountability Actstates. This is why Conyers did not have to pay a penny of his own money to settle claims against his alleged victims.

According to the Washington Post, the Office of Compliance has paid more than $17 million over the past two decades to settle complaints regarding violations of workplace rules, including but not limited to sexual harassment cases. But BuzzFeed’s reporting indicates this doesn’t get at the scope of the problem. At least one settlement with a woman who alleged Conyers harassed her was paid from Conyers’ office budget, not from the Office of Compliance.

The 30-day waiting period and 60-day statute of limitations for filing a complaint

After making it through counseling and mediation, the victim must wait 30 days before doing anything. It’s unclear what this waiting period is for, other than to pressure the victim to accept a settlement offer or drop the claim. The victim then has just 60 days to either file an administrative complaint with the Office of Compliance or file a case in federal district court. The form to file an administrative complaint is also password protected. If the victim does not take any action within 90 days of the end of mediation, the claim is extinguished.

The secret administrative hearing

The administrative proceeding, unlike a federal court case, is also confidential and presents another opportunity for a perpetrator to keep the allegations secret. The hearings are closed to the public. (The hearing officer is empowered to dismiss any claim without a hearing if he or she judges the claim to be “frivolous.”) The responding party is not the individual that engaged in sexual harassment, but the office that employed that person. A record of the proceedings are only made public if the victim is successful.

If the victim disagrees with the decision, he or she must appeal first to the board of the Office of Compliance. After the Office of Compliance issue their decision, the victim may appeal to the United States Court of Appeals for the Federal Circuit. That means there will be no independent evaluation of the evidence, rather the appeals court simply reviews for arbitrary or capricious application of the law, a very high legal standard.

If the victim wins in the administrative hearing, the payment is made from taxpayer money. They are not entitled to receive civil penalties or punitive damages under the law. This keeps both the awards and the settlements fairly low. Over 20 years, Congress has paid $17.1 million to 264 victims, a figure that includes sexual harassment and other forms of discrimination — an average award of about $65,000.

A federal case against a congressional office, not the person engaging in sexual harassment

After all this, a victim still cannot sue a member of Congress or other staff member who engaged in sexual harassment. Rather, if a victim choses to forgo the administrative hearing, he or she can file a federal case against the office where the sexual harassment allegedly occurred. In this case, victims are still not entitled to civil penalties or punitive damages. This makes the choice to file a suit, in most cases, prohibitively expensive since even a successful case will not bring in a large award.

Whatever money is awarded still is not paid by the sexual harasser but by taxpayers.

With more recent scrutiny on the systems in place to hold accountable powerful men accused of assault and harassment, Sen. Kirsten Gillibrand (D-NY) and Rep. Jackie Speier (D-CA) recently introduced legislation to reform this process. Their bill would make counseling and mediation optional. It would also require hearings to be completed within 180 days after the complaint is filed. Complaints under the new legislation could also be filed anonymously. Members of Congress who personally engage in sexual harassment would be required to pay their own settlements and awards, rather than using taxpayer funds for this purpose.

The proposed bill — called the Member and Employee Training and Oversight On Congress Act, or ME TOO Congress — still requires an administrative complaint or civil action to be filed 180 days after the alleged incident.

Gillibrand and Speier’s bill has attracted three co-sponsors in the Senate and five in the House. All of Gillibrand’s co-sponsors are Democratic women. Speier’s co-sponsors include three Republican men.

This article was published at ThinkProgress on November 21, 2017. Reprinted with permission. 

About the Author: Judd Legum is the founder and editor in chief of ThinkProgress


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