Off the Kuff Rotating Header Image

We have no idea how many sexual harassment complaints there have been at the Capitol

And we have a too zealous records retention policy to blame for that.

Late last year, amid a national reckoning over sexual misconduct in politics, media and entertainment, reports surfaced of a pervasive culture of sexual harassment at the Texas Capitol. The problem has been widespread and women appear to have such little confidence in traditional avenues for reporting grievances that they started their own list of “bad men” to warn others in Texas politics.

In response to media reports, the Texas House announced a new sexual harassment policy, which included training and counseling for employees and lawmakers, in the hopes that it would curb harassment and help victims report abuse. But the policy seems to have a glaring blindspot: Complaints, when filed with the House, are destroyed five years after they are investigated. While so many stories exist, records do not.

In November, the Texas Tribune reported that there were no formal complaints of sexual harassment made in the House since 2011. In the Senate, there have been no formal complaints since 2001, Secretary of the Senate Patsy Spaw said in committee hearing the next month. But an Observer public records request revealed that there are no documented complaints of sexual harassment or discrimination on file against any lawmaker or legislative staffer in either chamber, at any time — partly a result of the Legislature’s records retention policy.

If a complaint was made against a lawmaker or staff member before 2011, it has since been destroyed, even if the lawmaker is still in office or the staffer is employed at the Capitol. By comparison, the Senate destroys complaints seven years after the accused leaves the Capitol. (The 2001 complaint in the Senate was filed by one staffer against another, both of whom left the Capitol more than seven years ago.)

“It’s ridiculous,” said Joanna Grossman, a law professor at Southern Methodist University who researches sex discrimination and workplace equality. “There’s no reason to ever destroy them.”

While the policies are in line with state record retention guidelines, not keeping complaints on file indefinitely means the Legislature does not have a way to track alleged incidents, Grossman said. Future employers don’t have a way to discover details about an employee’s past conduct. Within the Capitol, repeat offenders and patterns of misconduct are also harder to identify.

“It’s just bad management generally, and it’s certainly not going to contribute to a better environment,” said Grossman.

Well then the good news is that now we know this, and it’s a simple and objective thing to fix. The story notes that some complaints were made verbally and there may not have been any record of them, so that’s another thing to fix. This needs to happen in the next session. Who will take the lead, and who will get in the way? It would be a good idea to get your legislators and the candidates running for election this year on the record about this.

Related Posts:

Comments are closed.