Hearing of the Senate Judiciary Committe on the Nominatio...
21:35:26 - 21:38:04
Senator Orrin Hatch (R - Utah). Now let me ask you something: I described all kinds of what I consider to be gross, awful sexually harassing things, which if you take them cumulatively have to gag anybody. Now you have seen a lot of these sexual harassment cases as you have served there at the EEOC. What is your opinion with regard to what should have been done with those charges, and whether or not you believe that, let's take Professor Hill in this case, should have done something, since she was a Yale Law graduate who taught civil rights law at one point, served in these various agencies, and had to understand that there is an issue of fairness here.
Judge Clarence Thomas. Senator, if any of those activities occur, it would seem to me to clearly suggest or to clearly indicate sexual harassment, and anyone who felt that she was harassed could go to an EEO officer at any agency and have that dealt with confidentially. At the Department of Education, if she said it occurred there, or at EEOC, those are separate tracks. At EEOC, I do not get to review those, if they involve me, and at Department of Education there is a separate EEO officer for the whole department. It would have nothing to do with me. But if I were an individual advising a person who had been subjected to that treatment, I would advise her to immediately go to the EEO officer.
Senator Orrin Hatch (R - Utah). An EEO office then would bring the parties together, or at least would confront the problem head-on, wouldn't it?
Judge Clarence Thomas. The EEO officer would provide counseling -
Senator Orrin Hatch (R - Utah). Within a short period of time?
Judge Clarence Thomas. - within a short period of time, as well as, I think, if necessary, an actual charge would be -
Senator Orrin Hatch (R - Utah). So the charge would be made, and the charge would then--the person against whom it was made would have a chance to answer it right then, right up front, in a way that could resolve it and stop this type of activity if it ever really occurred?
Judge Clarence Thomas. That is right.
Senator Orrin Hatch (R - Utah). And you have just said it never really occurred.
Judge Clarence Thomas. It never occurred. That is why there was no charge.