The Library’s Anti-Harassment Policy Has Many Strengths, Although Steps Are Needed to Improve Policy Implementation

What the Office of Inspector General Evaluated: 

The objectives were:
-  Evaluate policies, procedures, and strategic planning activities related to the Library’s anti-harassment program, particularly as they related to preventing, eliminating, and punishing sexual harassment
- Assess whether the Library’s anti-harassment program adhered to best practices 
- Examine relevant training practices.
 

What the Office of Inspector General Found: 

We found:
- Employee Concerns About the Library’s Handling of Alleged Sexual Harassment or Other Related Unwelcome Behavior were identified
- The Library of Congress Anti-Harassment Policy Contains Many of the Elements in Model Equal Employment Opportunity Programs 
- Office of Equal Employment Opportunity and Diversity Programs Should Take Steps to Clarify Library Policy 
- Office of Equal Employment Opportunity and Diversity Programs Should Strengthen How it Communicates the Library’s Anti-Harassment Activities 
- The Library and Office of Equal Employment Opportunity and Diversity Programs Should Strengthen Their Management of the Office of Equal Employment Opportunity Program
- Office of Equal Employment Opportunity and Diversity Programs Should Establish its Strategic Mission.

What the Office of Inspector General Recommends: 

1. Document Equality Opportunity Office and Diversity Programs role and responsibilities for preserving confidentiality for the anti-harassment, equal employment opportunity complaint, and alternate dispute resolution processes in Equality Opportunity Office and Diversity Programs standard operating procedures in fulfillment of Library policy, including the responsibilities of Equality Opportunity Office and Diversity Programs staff to preserve confidentiality during the processes.
2. For the benefit of Library employees unfamiliar with the Library’s anti-harassment, equal employment opportunity complaint, and alternate dispute resolution processes, communicate more complete information about the confidentiality of the processes on Equality Opportunity Office and Diversity Programs intranet website.
3. Document Equality Opportunity Office and Diversity Programs role and responsibilities in its standard operating procedures when employees contact it directly about alleged harassment, including sexual harassment, but do not intend to file a dispute or complaint of harassment in a timely manner.
4. Implement mandatory sexual harassment prevention training, or broader training on employment discrimination that addresses sexual harassment regularly, such as annually or biennially, for all Library employees.
5. Update the out-of-date information in equal employment opportunity  policies (i.e., the appropriate regulations and directive) for the anti-harassment, equal employment opportunity  complaint, and alternate dispute resolution processes.
6. Establish a system to update equal employment opportunity  policies for the anti-harassment, equal employment opportunity  complaint, and alternate dispute resolution processes as soon as possible when changes are made.
7. Implement a procedure requiring Equality Opportunity Office and Diversity Programs Counselors to provide written materials about the equal employment opportunity  complaint process and aggrieved individuals’ rights and responsibilities during initial counseling. Equality Opportunity Office and Diversity Programs should document the procedure in its standard operating procedures.

8. Implement a procedure in which Equality Opportunity Office and Diversity Programs provides acknowledgment upon receipt of formal complaints of discrimination. Equality Opportunity Office and Diversity Programs should document the procedure in its standard operating procedures. 

    

9. Implement a procedure to notify aggrieved individuals in writing if the complaint investigation will not be timely. The notification should include the estimated date by which Equality Opportunity Office and Diversity Programs will complete the investigation and the aggrieved individuals’ rights. Equality Opportunity Office and Diversity Programs should document the procedure in its standard operating procedures. 

10. Incorporate a performance expectation into the Equality Opportunity Office and Diversity Programs Chief’s performance plan that the Chief will enforce compliance with the requirements of Equality Opportunity Office and Diversity Programs outlined in the regulations and directive for the anti-harassment, equal employment opportunity  complaint, and alternate dispute resolution processes.

     

11. Document in Equality Opportunity Office and Diversity Programs standard operating procedures how it will measure the official start and end times for equal employment opportunity  complaint process activities (e.g., when the initial 45-calendar day deadline for submitting an informal complaint ends, when the Counselor’s inquiry starts, and when the Investigator’s review ends). 
     
12. Modify the Equality Opportunity Office and Diversity Programs tracking spreadsheet to track the timeliness of Equality Opportunity Office and Diversity Programs equal employment opportunity  complaint activities and the equal employment opportunity  complaint process generally using the start and end times documented in Equality Opportunity Office and Diversity Programs standard operating procedures. 
     
13. Require Equality Opportunity Office and Diversity Programs to report on the timeliness of its equal employment opportunity  complaint activities, and the equal employment opportunity  complaint process generally, to the Chief of Staff and in its annual report. 
     
14. Establish timeframes in Library policy for the Librarian to issue a final agency decision with or without a hearing.
15. Develop a more rigorous quality control program, thoroughly document the program in Equality Opportunity Office and Diversity Programs standard operating procedures, and initiate the program in full. 
     
16. Require Equality Opportunity Office and Diversity Programs to complete an annual self-assessment of its operations that includes evaluating compliance with Library equal employment opportunity -related regulations and directives as appropriate and submit the assessment to the Chief of Staff for review. Equality Opportunity Office and Diversity Programs should document these activities in its standard operating procedures. 
     
17. Require the Chief of Staff to determine the necessity of a qualified outside entity conducting periodic assessments of Equality Opportunity Office and Diversity Programs compliance with the Library equal employment opportunity -related regulations and directives as appropriate as well as with Equality Opportunity Office and Diversity Programs own standard operating procedures.
18. Post an equal opportunity employer statement, or similar statement, accessible through the Library’s internet homepage that expresses a commitment to anti-discrimination. 
     
19. Design and implement procedures to address the real or perceived conflict of interest posed by complaint cases involving influential Library officials. Equality Opportunity Office and Diversity Programs should document the procedures in its standard operating procedures. 
     
20. Establish standards of conduct that communicate expectations to Equality Opportunity Office and Diversity Programs staff concerning integrity and ethical values associated with preserving neutrality when they must serve in multiple roles in the same equal employment opportunity  complaint (e.g., Counselor, Investigator, and ADR neutral). Equality Opportunity Office and Diversity Programs should document the guidance in its standard operating procedures.
     
21. Establish training requirements for Equality Opportunity Office and Diversity Programs staff as appropriate for their key roles. Equality Opportunity Office and Diversity Programs should document the requirements in its standard operating procedures. 
     
22. Revise Equality Opportunity Office and Diversity Programs equal employment opportunity  complaint process flowchart to incorporate more complete information on the availability of the option to file a complaint of discrimination with Office of Congressional Workplace Rights. 
     
23. Direct Equality Opportunity Office and Diversity Programs to develop an overall mission statement and then align whatever goals and performance measures it has in support of its stated mission.