Bury Myers’ NOAA Nomination

June 6, 2019 | 2:43 pm
Photo: C-SPAN
Jane Willenbring
Associate Professor, Scripps Institution of Oceanography at UC San Diego

We became scientists to make discoveries and explore the unknown, not to wonder why science is rife with sexual harassment and discrimination. But that is not how our paths have gone. One of us (Dr. Willenbring) survived severe sexual harassment at a remote field station in Antarctica, which only recently resulted in the firing of the perpetrator. The other (Dr. Freitag) is a NOAA contractor who has watched how handling of sexual harassment cases can make or break a career in science.

We knew from our own experience that sexual harassment in the scientific fields is all too common. And so we were appalled, but not surprised to learn that AccuWeather—led by the President’s pick to lead the National Oceanic and Atmospheric Administration (NOAA), Barry Myers—agreed to pay $290,000 to 35 women as part of a settlement after a federal oversight agency found the company subjected female employees to sexual harassment and a hostile work environment. We also were not surprised that AccuWeather denied any knowledge of harassing activity, declined on-site access to investigators, and objected to any expansion of the investigation. And sadly, we were particularly unsurprised at the original 2016 complaint by a former AccuWeather employee alleged that she was, among other things, subjected to a hostile work environment and ultimately terminated due to her sexual orientation.

But despite our hard experience, we were surprised, shocked, and disgusted by the sheer extent of the harassment that occurred while Myers was CEO of AccuWeather, which was detailed in a federal report that became public earlier this month. The Office of Federal Contract Compliance (OFCCP) found, “Over two dozen witnesses spanning many different departments and in positions ranging from administrative support to senior management described unlawful sexual harassment that occurred at the company. This sexual harassment was so severe and pervasive, that some female employees resigned.” The investigation confirmed that AccuWeather was indeed aware of the sexual harassment but took no action to correct the unlawful activity.

At the same time that women at AccuWeather were being subjected to this pervasive harassment, so were women scientists, observers and contractors at NOAA. After several came forward to alert Congressional leaders to a system that had failed to protect them, Congress passed legislation to require the agency to develop a comprehensive policy on sexual assault and harassment prevention and response. NOAA complied with that requirement in February 2018.

NOAA’s reforms are working. We have seen them play out in practice and are cautiously optimistic that progress is being achieved. But those steps forward are still incremental enough to be undermined and will only be as strong as the leadership of the agency enforcing them. Myers claimed to be unaware of rampant and pervasive sexual harassment in a company of only about 500 office employees, How are we to have any confidence that he will have the capacity to ensure that an agency with 11,000 employees and contractors, many of whom are at sea and in remote locations, is aggressively enforcing an anti-harassment policy? As we both know all too well, serial harassers thrive in isolate environments where their victims have little recourse.

Myers has already made clear how he views such matters. When asked by the Senate during his confirmation process if “any business where he served as an officer had ever been involved as a party in an administrative proceeding, criminal proceeding, or civil litigation,” he responded that the company has been involved in “routine civil and administrative actions, such as (1) contracts disputes; (2) employee claims for unemployment compensation, EEOC matters, workers compensation, and OFCCP compliance; and (3) other personnel matters.” In other words, he views a settlement of pervasive sexual harassment in his own company, and financial payouts to at least 39 women who were subject to that harassment, as “routine.”

The women and men of NOAA, and of the ocean science community, deserve better than for gross sexual harassment and a hostile workplace to be considered routine. The nation’s premier ocean science agencies cannot and should not be led by anyone who does not understand that. The environmental threats facing our ocean today can only be addressed by the best scientists and subject matter experts in the world – and they should be led by someone committed to protect them. Barry Myers has shown he is not up to the task. We urge the Senate to reject his nomination.