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House Republicans unveil new legislation to address sexual harassment within state government

Lawmakers say the proposed bills would protect victims of sexual harassment and increase transparency for taxpayers.

HARRISBURG, Pa. — On Wednesday, five female members of the House Republican Caucus unveiled a legislative package in response to recent cases of sexual harassment within Pennsylvania's government.

“This is the first part of what we hope to do in making sweeping changes in the way sexual harassment is handled here at the Capitol," said State Representative Abby Major (R-Westmoreland/Armstrong). 

The move comes alongside a new report from the National Women’s Defense League, a non-partisan coalition of advocates, political and legislative staff, lobbyists, policymakers, and survivors that advocates for policy change that will prevent sexual harassment and protect survivors. 

The report sheds light on an issue being seen within state governments nationwide.

“Our research identified at least 130 state house lawmakers who were accused of sexual harassment by 359 individuals in the past decade, with actual numbers likely three times as much, due to underreporting by survivors and legislators," said Emma Davidson Tribbs, co-founder and director, National Women’s Defense League

The report found five Pennsylvania lawmakers who have been publicly accused of sexual harassment since 2013, the most recent being State Rep. Mike Zabel who resigned in March.

More recently, one of Governor Shapiro’s top aides, Mike Vereb, resigned after he was accused of sexually harassing a woman who worked in the administration.

The state paid out a $295,000 settlement in that case.

"We need to hold these people accountable because right now when the taxpayers are footing the bill, they're getting away with it," said Rep. Major.

“While the House expanded the House Ethical Conduct Rules in 2019, before I was elected, to cover incidents of sexual harassment by members and officers of the House against House employees, recent incidents have shown we need to tighten our rules further to serve as a better deterrent against inappropriate behavior,” said Rep. Major. “In addition, the rule changes would give members and employees more redress if they are victimized. I am hopeful that my Democrat colleagues would join me in supporting these common-sense changes.”

According to Rep. Major’s office, her resolution would amend House Ethical Conduct Rules to add “non-verbal acts” to the definition of sexual harassment, expand the rules to include a prohibition on members and officers of the House from engaging in sexual harassment while performing House-related services or duties or in any House owned or leased property, allow a person to appeal their ethics complaint if it was dismissed after a preliminary investigation, and increase transparency related to the number of complaints filed before the Ethics Committee and their disposition.

“It’s time we demonstrate to the people of Pennsylvania that sexual harassment will not be tolerated throughout the Commonwealth,” said Rep. Kate Klunk (R-York). “I’m proud to join my Republican women colleagues to sponsor a commonsense bill that will protect the identities of victims of sexual harassment and assault who have entered into a settlement agreement with a public entity. It’s unacceptable that information as sensitive as a victim’s name can be accessed by the public through the right-to-know process, jeopardizing their safety and privacy. It’s important to clearly state this confidentiality expansion is for victims, not their perpetrators. We need to protect those who are vulnerable and provide pathways to justice, and this package of bills is a strong step toward achieving that goal.”

Rep. Klunk’s bill would amend Pennsylvania's Right-to-Know Law to redact the name of a victim of sexual harassment or assault before a settlement agreement is released to the public.

“Government transparency should always be of the highest priority,” said Rep. Donna Scheuren (R-Montgomery). “By including settlement information on PennWATCH, Commonwealth residents will have a clearer picture of what is happening in state government and how their hard-earned taxpayer dollars are being spent. I would argue this would also serve as a deterrent against sexual harassment and other inappropriate behavior.”

Rep. Scheuren’s bill would amend the PennWATCH Act to include information on each settlement paid to an individual or an employee of a Commonwealth agency, as a result of an action taken by an employee of a Commonwealth agency.

“My legislation would establish accountability and deter elected officials, advisors to elected officials or senior managerial staff from relying on these funds to settle lawsuits that directly involve their own actions,” said Rep. Charity Grimm Krupa (R-Fayette). “The cost of their failure to conduct themselves accordingly should not be borne by innocent taxpayers while they resign to enjoy their tax-funded pensions and salaries.”

Rep. Grimm Krupa’s bill would set forth a clear and detailed framework allowing the Commonwealth to seek reimbursement and accountability from those individuals whose improper and unlawful actions result in settlements or judgments paid by the Commonwealth. 

“My legislation would enshrine already existing federal protections into Pennsylvania law and enable sexual harassment victims and survivors to speak out,” said Rep. Ann Flood (R-Northampton). “Victims and survivors will no longer fear they will face retaliation for coming forward. Further, this will allow Pennsylvania law to align with federal law, which increases transparency and encourage other victims to come forward and to ultimately hold perpetrators accountable.”

Rep. Flood’s bill would enshrine the federal non-disclosure agreement law into state law. More specifically, it would prohibit the enforcement of pre-employment non-disclosure agreements and non-disparagement agreements between employers and employees, independent contractors, and between goods and services providers and consumers. In addition, it would void any agreements that were in place before a sexual assault or harassment dispute arose.

“I’ve heard from colleagues across the aisle they’re interested in getting behind some of these measures so hopefully we can move the ball forward," said Rep. Klunk.

FOX43 reached out to House Democrats but did not receive a comment.

In response to the newly unveiled bills, a spokesperson for Governor Josh Shapiro sent FOX43 the following statement:

"Governor Shapiro has always been a strong advocate for accountability and for survivors having the space to speak their truth. The Governor supports efforts to ensure every branch of government participates in an independent process and transparency measures, like the Administration follows itself. We will continue following a thorough, independent process – and we are encouraged that legislators, given the long history in the General Assembly, are taking action to finally include themselves in that accountability.

The Governor is hopeful this spirit of action will also lead Republican legislative leaders to pass the statute of limitations legislation he has long advocated for, which would finally allow survivors of sexual assault the chance to confront their abusers in court."

Senate Republicans are also working on introducing their own pair of bills aimed at addressing how sexual harassment is handled within state government.

One bill would require state agencies and the General Assembly to use a third party to investigate all sexual harassment claims submitted by an employee, according to the office of Senator Kristin Phillips-Hill (R-York)

The second would require public posting of monetary nondisclosure agreements due to sexual harassment or misconduct claims by an employee in the Pennsylvania Bulletin.

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