This bill is a part of Inclusive America’s initiative to prevent and combat inequalities within the Federal Government. The SHAPE Act of 2023 is an updated version of the SHAPE Act of 2020 (H.R.8465). 

The State Harassment and Assault Prevention and Eradication Act, or SHAPE Act, will facilitate stronger anti-harassment and discrimination policies, survivor care, and accountability at the State Department.

In October 2017, the #MeToo movement empowered women and men to speak out about their experiences with sexual harassment and demand systemic change. A month later, 223 women in the national security field—current and former diplomats, civil servants, servicemembers, and development workers—signed an open letter with the hashtag #MeToonAtSec, declaring, “We, too, are survivors of sexual harassment, assault, and abuse or know others who are.” In April 2020, the U.S. Commission on Civil Rights highlighted similar findings in a new report titled, “Federal #MeToo: Examining Sexual Harassment in Government Workplaces” which identified ways the State Department could be doing more to keep employees safe and hold perpetrators accountable.

Enhanced Policies, Protocols, Training, and Reporting 

The SHAPE Act would require the State Department to develop a comprehensive policy on the prevention of and response to harassment, discrimination, sexual assault, and related retaliation. Additionally, it would establish an Office of Employee Advocacy to provide optional legal counsel and representation to victims, receive and track claims of misconduct, run an international 24/7 hotline, administer climate surveys, and house Employee Advocates to assist victims throughout the process. Furthermore, it would require biannual Department climate surveys on workplace culture to determine the effectiveness of reforms.

Rights of Survivors and Access to Supportive Services

Requires implementation of standardized sexual assault protocols:

• Access to a trained Sexual Assault Prevention and Response Victim Advocate
• Provision of a sexual assault forensic evidence kit upon request and comprehensive health services
• Training of Regional Security Officers in sexual assault investigative techniques

Guarantees access to legal assistance and representation for victims. Requires availability of alternate work assignments or paid leave of absence for those alleging misconduct. Outlaws forced nondisclosure or non-disparagement agreements in employment contracts and settlement or separation agreements.

Accountability

Requires an annual report to Congress on claims and disciplinary action taken to hold perpetrators accountable, as well as climate survey results.

• Requires Global Talent Management (HR) to document and maintain records of findings and disciplinary action taken, to include suspension without pay and termination.