Taxpayer-funded sexual harassment settlements involving lawmakers exceeded $550,000, newly released documents show

By Annie Grayer, CNN

(CNN) — Taxpayers paid over half a million dollars in confidential congressional sexual harassment settlements dating back decades – a total higher than previously made public, newly released documents reviewed by CNN show.

Documents initially shared with Congress revealed that taxpayers had paid more than $300,000 on behalf of six former members of the US House of Representatives or their offices.

But the total amount was far higher.

In its initial production to Congress, the Office of Congressional Workplace Rights had missed a $220,0000 payment on behalf of former Democratic Rep. Alcee Hastings, who died in 2021. The payment marks the single biggest congressional sexual harassment settlement known to date and nearly doubles the tax-payer funded total for such cases disclosed last week. Hastings previously called the allegations “ludicrous.”

The office explained in a letter to House Oversight Chair James Comer that the payment did not meet the office’s initial search criteria, which was just targeting settlements made on behalf of the office of a lawmaker, according to the letter reviewed by CNN. In Hastings’ case, the settlement involved the Commission on Security and Cooperation in Europe, which Hastings chaired at the time.

An employee who had worked for the commission, whose name is redacted in the files reviewed by CNN, initially filed a complaint in 2010, but did not receive the payment until 2014.

Throughout the case, the employee alleged multiple instances of sexual harassment by Hastings and claimed that she was faced retaliation for bringing her claims forward.

In a 2013 letter, the employee described feeling the system was designed to benefit the employer throughout the process.

“The mediator’s attempt to define for me ‘what is in my best interest’ before I have had the opportunity to meet with the court-appointed attorney completely oversteps the boundaries of her responsibilities and demonstrates a clear disregard of my rights to counsel,” the employee wrote. “Her conduct further underlines my belief throughout this case that the Office of Compliance is primarily designed to serve as a tool for members of congress who violate the Congressional Accountability Act and undermine the rights of the victims.”

The confidential settlement reviewed by CNN imposed restrictions and penalties, barring the employee from ever speaking out about the case, but did not put those same limitations on the employer.

Roll Call reported on the existence of the $220,000 settlement in 2017. The report stated that Hastings said that he never sexually harassed the employee and called the allegations “ludicrous.” In a statement at the time, Hastings said that he did not know until after the fact that a settlement had been made.

At the time, Roll Call named the accuser as Winsome Packer. CNN spoke with Packer, who confirmed that she is the employee whose name is redacted in the documents. Packer told CNN that her life has been severely impacted since coming forward and that she has not been able to find work or career opportunities since. She also said that after taxes, her settlement was much lower than $220,000.

“People don’t talk about what happens after you file a claim. I have never been able to find work,” Packer told CNN.

CNN has attempted to reach out to family members of Hastings to request comment

The Office of Congressional Workplace Rights was compelled to turn over the settlement documents to Congress following a subpoena from GOP Rep. Nancy Mace. She has helped lead an effort on Capitol Hill to push for transparency and accountability following recent sexual misconduct allegations that led to a pair of high-profile resignations.

A CNN review of over 1,000 pages of case files, including counsel notes, settlement documents and formal complaints, offers a window into allegations that certain members leveraged their positions of power to mistreat their staff.

The Office of Congressional Workplace Rights is involved with a range of complaints against members, not exclusively sexual harassment claims.

From January 1, 1996, through December 12, 2018, the office approved 349 awards or settlements “to resolve complaints against legislative branch offices,” its general counsel said in a letter sent to House Oversight Chair James Comer obtained by CNN. Eighty of those cases were settled by a House or Senate office for a host of different reasons. From that subset, seven cases led to payments to address allegations of sexual harassment. The payments referenced in the letter used taxpayer money from a Treasury account that no longer exists as an option for lawmakers.

Twenty-three case files of settlements in the jurisdiction of the Office of Congressional Workplace Rights were destroyed pursuant to the office’s record retention policy.

“This ‘OCWR Record Retention Policy’ was put in place in 2013 to align OCWR with regular government-wide record retention practices,” General Counsel John N. Ohlweiler wrote.

The general language of the settlement contracts reviewed by CNN do not show the accused office admitting to any wrongdoing. Rather, they state the office is agreeing to the settlement “to avoid the inconvenience of protracted litigation and the expense to the parties and the taxpayers of such litigation,” as one settlement read. The settlement agreements also lay out how the office is meant to handle questions related to the terms or conditions of the claimant’s termination of employment.

Following policy changes made in 2018 in the wake of the #MeToo Movement, members can no longer rely on taxpayer dollars for settlements. The House Ethics Committee announced in a recent statement that since the enactment of the new law, “the Committee has not been notified of any awards or settlements relating to allegations of sexual harassment by a member.”

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