Sexual harassment rules for Congress are under review after a flurry of ethics cases

WASHINGTON (AP) — When Rep. Kat Cammack began work on a task force this spring to combat sexual misconduct on Capitol Hill, the Florida Republican soon heard from former staffers who wanted to share their stories.

They “came out of the woodwork” she said, and had stayed silent because it was well established that coming forward would be the end of a career they had worked so hard to achieve.

“Those were some of the hardest conversations to have,” Cammack said. “And the stories were gut-wrenching.”

This year’s spike in House Ethics Committee investigations related to sexual misconduct prompted congressional leaders to set up a working group led by Cammack and Rep. Teresa Leger Fernandez, D-N.M. What they have found is disturbing, Cammack said.

Victims are unclear about where they can go for help. They do not trust there will be repercussions for the perpetrator. And the current requirements for reporting harassment can work against them, such as a 180-day “shot clock” for filing a claim after an alleged violation.

“It’s a disaster,” Cammack said. “The entire system on Capitol Hill is really designed to create a chilling effect for victims.”

The task force is expected to release recommended changes after the Nov. 3 elections with a goal of taking action before the end of the year.

A deluge of ethics cases led to this moment

In a Congress that has generally struggled this year to do more than keep the federal government running, the House Ethics Committee has been caught in the middle of the some of the biggest stories coming out of Washington.

Three lawmakers resigned this year rather than face the prospect of an expulsion vote. Two of those cases involved alleged sexual misconduct. Another member was censured for his interactions with two female aides on his staff. Other investigations are ongoing.

Those stories emerged at a time when Congress was confronted by public outrage over the government’s handling of the Jeffrey Epstein case. In the previous months, members of the Democratic Women’s Caucus had multiple meetings with survivors who were pushing for the release of Epstein-related files at the Department of Justice.

In April, the Ethics Committee began an investigation into whether then-Rep. Eric Swalwell, D-Calif., engaged in sexual misconduct toward an employee working under his supervision. Swalwell would soon resign as colleagues called for his expulsion.

Similarly, Rep. Tony Gonzales, R-Texas, resigned as the committee investigated whether he had engaged in sexual misconduct toward an employee in his office. Gonzales had acknowledged an affair with a staff member who later died by suicide.

Most recently, the committee recommended the censure of Rep. Chuck Edwards, R-N.C., following an investigation that concluded he engaged in persistent unprofessional and inappropriate conduct toward two young female staffers in his office. The House went along with the recommendation by a vote of 413-2.

Rep. Jimmy Gomez, D-Calif., is also the subject of a committee investigation that he may have engaged in sexual misconduct with a House staffer. Gomez said he would cooperate with the investigation but also stressed that his actions were consensual in nature and did not violate the law or House Ethics rules. He also apologized to his family and constituents.

The committee is also investigating whether Rep. Cory Mills, R-Fla., engaged in sexual misconduct or dating violence, among other allegations. Mills has denied the allegations and recently lost a Republican primary.

Lawmakers felt called to action

Cammack said that as stories began to surface about some of the cases before the committee, she and colleagues began talking about what they could do to “clean up the House.” She approached Speaker Mike Johnson, R-La., about getting on board.

Johnson’s response, she said, was: “Well, good timing, because I was going to come to you and ask you to take this effort up.”

Leger Fernandez was also talking with Democratic leadership about reforms when Cammack reached out to her about working together.

“What was neat is on both sides of the aisle, the Democratic Women’s Caucus and the Republican Women’s Caucus were both saying there needs to be structural changes. We need to work together,” Leger Fernandez said.

The working group started with listening sessions that included lawmakers and staff. They also reached out to people in the military, corporate America and victims advocacy groups for advice on best practices. Cammack and Leger Fernandez held a packed-room meeting with staff in July.

Several ideas for reform are on the table

Congress has tried to address the issue of sexual harassment before.

It passed legislation in 2018 that among other things required lawmakers to reimburse the Treasury Department for awards and settlements related to sexual harassment cases. It also required that staff have access to a dedicated advocate who can guide them through the process of filing a claim with the Office of Congressional Workplace Rights.

Some recommendations from the task force will involve changing House rules. Lawmakers are already banned from having sexual relationships with members of their own staff or their committees’ staff. But the task force wants to expand the ban to include all congressional staff.

“If you are looking to advance your love life on Capitol Hill, you’re there for the wrong reason, in my opinion,” said Cammack, who served as a congressional aide for several years before winning election to the House.

The working group is also seeking to streamline the reporting system for staff to report harassment. Many simply do not know where to go with a complaint.

“I call it a 911 for sexual harassment line that you can make one call and find out what all the alternative options might be for somebody,” Leger Fernandez said.

Another change could be to give alleged victims more time to file a complaint. The Equal Employment Opportunity Commission, which enforces antidiscrimination laws, also enforces a 180-day window for filing a complaint, but that can be extended to 300 days in cases covered by a state or local anti-discrimination law.

Increasing the time for filing a complaint would be an update to the Congressional Accountability Act, which requires Congress to follow many of the same employment laws that apply to the private sector. Updating current law would also require Senate buy-in, complicating prospects.

The working group is also looking to increase accountability for lawmakers and senior members of their staff who engage in harassment.

“The fact that we’re still trying to insist that it is not OK to sexually abuse or harass women in 2026 is outrageous, and if you’re a woman, is so incredibly frustrating and sad,” Leger Fernandez said.