The Civil Rights Division of the Department of Justice (DOJ) has announced a second initiative to combat sexual harassment — the Sexual Harassment in the Workplace Initiative (SHWI) focuses on workplace sexual harassment in the public sector.
The Justice Department’s Civil Rights Division enforces Title VII of the Civil Rights Act of 1964 against state and local government employers. The law prohibits discrimination in employment on the basis of race, color, national origin, sex, and religion. Sexual harassment is among the conduct prohibited by the law because it is a form of sex discrimination.
The Justice Department also announced its first enforcement action brought under the SHWI. The department will file a lawsuit against the City of Houston, alleging that the Houston Fire Department (HFD) discriminated against two female firefighters on the basis of sex in violation of Title VII when it allowed them to be subjected to sexual harassment in the workplace.
As part of the initiative, the DOJ will continue to bring sex discrimination claims against state and local government employers with a renewed emphasis on sexual harassment charges. The department will also work to develop effective remedial measures that can be used to hold public sector employers accountable where Title VII violations have been found, including identifying changes to existing employer practices and policies that will result in safe work environments.
Through the initiative, the department will also conduct outreach to state and local government employers that centers around five critical areas: (1) creating trusted and safe avenues for employees to report sexual harassment; (2) ensuring management support for anti-discrimination policies and practices; (3) implementing accountability measures to ensure the timely and effective resolution of sexual harassment complaints; (4) adopting comprehensive anti-sexual harassment policies and procedures that include regular, tailored, and interactive training for employees; and (5) providing safeguards against retaliation for persons who report sexual harassment and for employees who support them.
“All Americans are entitled to work with dignity in a place that is free of sexual harassment,” said Acting Assistant Attorney General John Gore for the Civil Rights Division, in announcing the initiative. “Through enforcement actions, effective remedial measures, and outreach, the Justice Department—under Attorney General Jeff Sessions’ leadership—will fight to eliminate sexual harassment among public sector employers.”