As employers contend with issues of sexual harassment and other forms of New York sex discrimination in the workplace, parts of the federal government seem to be recognizing their own shortcomings in these areas. Antidiscrimination statutes like Title VII of the Civil Rights Act of 1964 apply to private employers all over the country, while New York City’s antidiscrimination statutes provide additional protections to workers within the city. Federal agencies, in their capacity as employers, are generally bound by Title VII, amd they are also subject to internal watchdogs established by the Inspector General Act (IGA) of 1978. Last year, the Office of the Inspector General (OIG) in the U.S. Department of Justice (DOJ) issued a report harshly criticizing how the department has handled many cases involving alleged sexual harassment.
Under federal law, sexual harassment constitutes sex discrimination in violation of Title VII. Employees of private businesses must file a complaint with the Equal Employment Opportunity Commission (EEOC), an independent agency in the Executive Branch of the federal government, in order to assert a claim under Title VII. Employees of certain federal agencies can report sexual harassment and other alleged violations to their agency’s OIG, which has authority under §§ 2 and 6 of the IGA to investigate complaints and refer matters for further enforcement action.
Section 12(2) of the IGA identifies the federal agencies that must establish and maintain OIGs. The list includes the DOJ and all other Cabinet departments, as well as agencies like “the Environmental Protection Agency, the Federal Emergency Management Agency, [and] the General Services Administration.” Employees of these agencies are authorized by § 7(a) to make “complaints [to the OIG]…concerning the possible existence of an activity constituting a violation of law, rules, or regulations.” Section 7(b) requires OIGs to maintain the confidentiality of complainants whenever possible, and § 7(c) prohibits agency supervisors from retaliating against employees who make complaints.