This Executive Order is a part of Inclusive America’s initiative to prevent and combat discrimination based on gender. See our companion bill. 

(DRAFT PREPARED OUTSIDE OF THE WHITE HOUSE)

Combatting Sexual Assault and Sexual Harassment in the Federal Workplace

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. Last year, during National Sexual Assault Awareness and Prevention Month, I proclaimed that freedom from sexual assault is a basic human right.  That proclamation remains true today.  We have made it a priority to speak out against sexual assault and sexual harassment, stand with courageous survivors, and change the societal norms that have allowed sexual violence to exist.  We must continue fighting to minimize the occurrence of sexual assault and sexual harassment and continue educating the American people that consent is always necessary.

Across the American public, one in four women and one in 26 men have survived a rape or attempted rape.  Abuse can happen anywhere – at work, at home, at school, in other public places, or online.  Abuse can, and does, also happen in the Federal Government.  In 2021, approximately 12.6% of employees in the Federal Government indicated that they experienced one or more of 12 types of sexual harassment in the prior two years.  Every person employed or engaged by the Federal Government should have the ability to work without fear of being sexually harassed or assaulted, regardless of their sex, gender, gender identity, gender expression, or sexual orientation.  We must ensure that victims of harassment, discrimination, sexual assault, stalking, cyberstalking, domestic violence, and related retaliation feel safe enough in their workplaces to report incidents of such improper conduct to their supervisors and/or their agency’s human resources or ethics departments.  We must also ensure that all agencies in the Federal Government take prompt corrective action that is reasonably calculated to prevent any further improper conduct. 

It is the policy of my Administration to prevent and combat harassment, discrimination, sexual assault, stalking, cyberstalking, domestic violence, and related retaliation, both in the Federal Government and in the private sector. This order establishes a comprehensive framework to prevent and address all forms of gender-based violence (GBV), including sexual assault, sexual harassment, stalking, cyberstalking, and domestic violence, in the federal workplace. This order prioritizes an approach based on the best available scientific evidence (including but limited to trauma-informed, survivor-centered, and intersectional) to ensure a safe and respectful work environment for all federal employees. This order shall complement and further the guiding principles and strategic pillars set forth in my Administration’s U.S. National Plan to End Gender-Based Violence: Strategies for Action, published May 2023.

Section 2. Implementation of Comprehensive Policy and Procedures on the Prevention of and Response to Harassment, Discrimination, Sexual Assault, Stalking, Cyberstalking, Domestic Violence, and Related Retaliation.  Each agency shall review all existing orders, regulations, guidance documents, policies, programs, or other agency actions (“agency actions”) that were promulgated or are administered by the agency to combat harassment, discrimination, sexual assault, stalking, cyberstalking, domestic violence, and related retaliation and related retaliation in the workplace and ensure that sufficient comprehensive policy and prevention measures have been implemented, including multiple options for confidential reporting of any such prohibited conduct. Each agency shall also ensure that its policies and procedures regarding harassment, discrimination, sexual assault, stalking, cyberstalking, domestic violence, and related retaliation in the workplace take into account and acknowledge the increased prevalence of prohibited conduct against individuals within vulnerable populations (including, but not limited to, women, people of color, the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community, as well as entry-level and locally-employed staff,) and the heightened challenges such populations face when trying to combat such prohibited conduct.

Section 3. Agency Prevention, Education, and Training.  Each agency shall develop and implement a comprehensive GBV prevention and education program that includes:

(a) Specialized Training for Supervisors. Enhanced training for supervisors and managers on their responsibilities for preventing and addressing GBV using evidence-based approaches, including:
(i) Recognizing and responding to early warning signs of potential GBV (e.g., manager bystander intervention training);
(ii) Effectively handling disclosures and complaints;
(iii) Promoting a respectful and inclusive work environment; and
(iv) Understanding their legal obligations.

(b) Trauma-Informed Approaches. Voluntary training for all personnel involved in responding to GBV incidents on trauma-informed practices, including understanding the impact of trauma on survivors, conducting sensitive and supportive interviews, and minimizing re-traumatization.

(c) Awareness Campaigns. Ongoing awareness campaigns to promote positive social norms, encourage bystander intervention, and educate employees about available resources.

Section 4. Reporting and Investigation Procedures.  Not later than [one/two] years after the issuance date of this EO, each agency shall (i) establish an employee advocacy department that shall be dedicated to employee advocacy in connection with complaints of harassment, discrimination, sexual assault, stalking, cyberstalking, domestic violence, and related retaliation in the workplace and (ii) an advisory council that shall be responsible for reviewing and reporting on the agency’s efforts regarding its sexual assault and harassment prevention training and related policies.  Each agency shall also establish and maintain a reporting system under which a complaint may be filed that allows for electronic reporting as well as non-electronic reporting (i.e., handwritten complaints, complaints submitted via an anonymous phone hotline and/or mobile phone application submissions).  Each agency shall ensure that its civil rights department will:

(a) Provide options for anonymous reporting of GBV incidents.
(b) Investigate all filed complaints no later than 60 days after each such complaint is filed using trauma-informed practices that prioritize the safety and well-being of the complainant.
(c) Offer a range of supportive measures to complainants during the investigation process, including access to counseling, legal aid, and workplace accommodations.
(d) Ensure that investigations are conducted by trained personnel who understand the dynamics of GBV and can respond with sensitivity and impartiality.

Section 5. Document Retention. Each agency shall ensure that all complaints of harassment, discrimination, sexual assault, stalking, cyberstalking, domestic violence, and related retaliation in the workplace and their subsequent investigations, and any related documents and records are maintained and retained for seven years following the date of the alleged prohibited conduct.

Section 6. Data Collection and Research. Each agency shall:

(a) Collect Comprehensive Data. Agencies shall implement a standardized system of collecting and reporting comprehensive data on GBV incidents, including:
(i) The type and nature of the incident;
(ii) Demographics of victims and perpetrators;
(iii) Location and time of the incident;
(iv) Reporting and investigation outcomes; and
(v) Employee access to and utilization of support services.

(b) Report Disaggregated Data. Analyze and publicly report disaggregated data incidents, broken down by relevant demographics, including race, ethnicity, gender identity, sexual orientation, and disability status.

Section 7. Consequences of Disciplinary Action.  Each agency shall implement policies that provide that, in the event that an investigation into a complaint of harassment, discrimination, sexual assault, stalking, cyberstalking, domestic violence, and related retaliation in the workplace determined that the allegations in such complaint are substantiated and disciplinary action was taken in response, such disciplinary action shall be documented, kept on file, and accessible to the agency’s civil rights and security departments, security clearance investigators, and federal law enforcement officials.  Each agency shall also implement policies that provide that, in the event that an investigation into a complaint of sexual misconduct of any type determined that the allegations in such complaint are substantiated, the individual who perpetrated such misconduct shall be barred from receiving an increase in base pay (including any increase in grade and any within-grade step increase), bonus or promotion.  Additionally, in the event of any sexual harassment or sexual assault in the workplace, if such an act occurs in a Sensitive Compartmented Information Facility (SCIF), the individual who perpetrates such act shall immediately lose their security clearance.

Section 8. Sexual Assault Protocol.  Each agency shall ensure that it implements and maintains a comprehensive sexual assault protocol and guidelines that conform to best practices in the sexual assault prevention and response field, including the provision of victim’s advocates and sexual assault response care managers who will provide support to such victims, and the provision of emergency health care and comprehensive health services, both physical and mental health services, including counseling and psychiatric medication.

Section 9. Victims’ Rights.  Each agency shall ensure that it is able to connect all victims of harassment, discrimination, sexual assault, stalking, cyberstalking, domestic violence, and related retaliation to both external and internal resources.  These resources should include the victim’s right to (i) emergency health care, including the processing of a sexual assault forensic evidence exam and kit, to the extent necessary, (ii) comprehensive health services, including physical and mental health services, including counseling and psychiatric medication, (iii) anonymous reporting, (iv) access to the agency’s office of employee advocacy, (v) access to a victim advocate, (vi) evacuation of the victim for medical treatment, to the extent necessary, (vii) available law enforcement, and prosecutorial options, and legal representation, (viii) leave of absence and accommodation options, and (ix) safety planning.

Section 10. Agency Surveys.  Not later than [one] year after the issuance date of this EO, each agency shall ensure that its office of employee advocacy shall conduct a survey of the agency’s employees regarding harassment, discrimination, sexual assault, stalking, cyberstalking, domestic violence, bullying, disrespect, and related retaliation in the workplace, including the prevalence of perceived violations, presence of a hostile work environment, and whether employes are aware of their rights and the agency’s reporting system and resources or are comfortable making use of such reporting system and resources. This survey will be issued annually and will include optional demographic information so that annual assessments can be made over time regarding the extent to which employees with intersecting identities are experiencing these issues in the workplace and improve culture as needed. The survey shall be conducted in a manner that ensures confidentiality and protects the privacy of respondents, utilizing best practices for sensitive data collection. The results of the survey shall be analyzed and publicly reported, disaggregated by relevant demographics, and used to inform the agency’s prevention and response efforts.

Each agency shall develop a prevention research and implementation plan, utilizing research to identify areas for improvement, successful interventions, and establish benchmarks for effective prevention and victim assistance.

Each agency shall, in good faith, implement additional measures and policies (or revise such measures and policies, if applicable), as necessary, to address any shortcomings or issues identified through these annual surveys and assessments.

Section 11. Agency Reports.  Not later than [one/two] years after the issuance date of this EO, each agency shall ensure that it submits to the Committee on Foreign Affairs and Committee on Oversight and Reform of the House of Representatives and the Committee on Foreign Relations and Committee on Homeland Security and Governmental Affairs of the Senate a report on the allegations of harassment, discrimination, sexual assault, stalking, cyberstalking, domestic violence, and related retaliation involving employees and officials of the agency during the preceding year. After submission to such congressional committees, each agency shall make their
report publicly available.

Section 12. Agency Hiring, Vetting, and Promotion.  Each agency shall ensure that an act of harassment, discrimination, domestic violence, or a failure to mandatory report shall be considered a disqualifying event for promotion and/or appointment.  Each agency should further ensure that, when vetting potential job candidates, such vetting process shall take into consideration (i) any acts of discrimination, harassment, discrimination, stalking, cyberstalking, domestic violence, or related retaliation, (ii) a failure to mandatory report any acts of harassment, discrimination, stalking, cyberstalking, domestic violence, or related retaliation, as well as (iii) any history of promoting a work environment free from harassment and discrimination.

Section 13. Prohibition on Non-Disclosure and Non-Disparagement Agreements.  Consistent with the Speak Out Act that Congress passed and I signed into law on December 7, 2022, all agencies shall be prohibited from entering into a contract or agreement with an employee, as a condition of employment, promotion, compensation, benefits, or change in employment status, if that contract or agreement contains a non-disparagement, confidential information, or nondisclosure clause that covers prohibited harassment, discrimination, stalking, cyberstalking, domestic violence, or related retaliation, unless such clause is mutually agreed upon by and mutually benefits both the agency and the employee, the employee’s agreement is knowing and voluntary, and the employee is still permitted to disclose such allegations in connection with cooperating with any governmental authority, in any investigation or proceeding conducted by any governmental authority, or testifying in a hearing or trial or complying with a discovery request in connection with civil litigation.  

Section 14. General Provisions.  

(a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)  the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BY THE NUMBERS

With diversity in government, we can ensure that our leaders will have a variety of policies that take in consideration the needs of all Americans. For far too long, our leaders have failed to represent the rich diversity of our nation. It’s time for a more Inclusive America.

87%

In 2021, 87% of women working in the Federal Government changed jobs or location due to sexual harassment

71%

In 2021, 71% of men working in the Federal Government changed jobs or location due to sexual harassment

17.5%

In 2021, 17.5% of Women working in the Federal Government indicated that they experienced sexual assault and sexual harassment — not including unreported numbers

Coalition of Supporters

The following organizations support the draft Executive Order.

Additional Info

Percentage of Employees, by Agency and Gender, Experiencing Sexual Harassment