Sexual misconduct 'systemic' at US Department of Justice, says watchdog

Some employees found responsible were still given bonuses, report claims

A man walks past the Department of Justice in Washington, DC (ANDREW CABALLERO-REYNOLDS/AFP/Getty Images))

Sexual harassment and misconduct is a “systemic issue” at the US Department of Justice (DOJ), a federal oversight agency has claimed.

Justice Department lawyers have been accused of groping, stalking, and carrying on inappropriate relationships with co-workers, according to incident reports viewed by The Independent and originally obtained by the Washington Post. Many of those found responsible were never fired, and some were even rewarded, according to a review by the Inspector General.

Michael Horowitz, the Inspector General for the DOJ, said in May that his office had reviewed 19 substantiated allegations of sexual misconduct between 2012 and 2016. The review showed that the DOJ’s Civil Division “lacked any meaningful guidance, policy, or practice as to when a sexual harassment or misconduct allegation should be reported to its front office”, Mr Horowitz wrote in a memo to Deputy Attorney General Rod Rosenstein.

At the time, Mr Rosenstein responded that it was “fortunate that there are relatively few substantiated incidents of sexual harassment", adding: "but even one incident is too many”.

“We will review the Inspector General’s recommendations and consider whether additional guidance is required to ensure that all misconduct allegations are handled appropriately,” he said in a statement.

A DOJ spokesperson said the Department had convened a working group, but had yet to submit its findings to the Inspector General.

“That process is nearing completion and we will soon be responding to the Inspector General with the Department’s recommendations for action," spokesman Ian Prior said in a statement.

While the number of sexual misconduct complaints at the DOJ was relatively low, the Inspector General’s office claims they were poorly handled. At times, Mr Horowitz said in his memo, those accused of sexual misconduct were demoted or transferred to a new department, rather than facing more serious discipline. At other times, they were given bonuses or performance rewards.

One attorney, identified by the Post as Victor Lawrence, was accused of groping two female attorneys and making sexual comments to them at an office happy hour. Another attorney, identified as Theodore Atkinson, was accused of hacking into a female attorney’s computer and creating a fake online profile to attract her.

Both men were transferred and were given written warnings and a reduction in title. Neither received a suspension or reduction in pay or grade.

In other cases, the Inspector General’s office found that subjects of sexual misconduct complaints were later rewarded. In three instances, Mr Horowitz wrote, a Civil Division employee was given a performance award while being investigated or disciplined for sexual misconduct. At the Drug Enforcement Administration, eight of 14 people found to be involved in sexual misconduct were given bonuses.

Mr Prior, the DOJ spokesperson, emphasised that these incidents occurred during the Obama administration. He said the Department had implemented "additional safeguards and systems to ensure that all misconduct allegations are handled appropriately going forward.”

Still, some DOJ employees were shocked by how the Department had treated those accused of sexual misconduct.

“I’m shocked and really disappointed,” a female lawyer with knowledge of the incidents told the Post. “They got free passes. They got awards. They got to continue with their careers. It sounds like nothing is going to be done.”