Company led by Trump NOAA nominee was rife with harassment, including groping and kissing, report says

A federal workplace investigation found rampant sexual harassment and retaliation at AccuWeather, a federal contractor, including groping, touching and kissing of subordinates without consent. AccuWeather’s chief executive at the time of the allegations and investigation, Barry Myers, was tapped by President Donald Trump to lead the National Oceanic and Atmospheric Administration.

The detailed results of the investigation, not previously reported, were compiled last year by the Office of Federal Contract Compliance Programs and obtained by The Washington Post. It determined that AccuWeather, under Myers, fostered a culture ripe for sexual harassment, turned a blind eye to egregious allegations and retaliated against those who complained.

According to the report, the investigation was prompted by a complaint filed Sept. 6, 2016, alleging a "hostile work environment and termination based on sexual orientation and sex," followed by myriad other complaints from AccuWeather employees.

"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," the detailed report says. "This sexual harassment was so severe and pervasive, that some female employees resigned."

The investigation, which began in March 2017, also found that AccuWeather was "aware" of the sexual harassment but took no action to correct it, despite the company's claims that it was not privy to any harassing activity.

Myers, tapped by Trump in 2017 to lead NOAA, became Pennsylvania-based AccuWeather's chief executive in 2007 and stepped down Jan. 1, agreeing to divest himself of any company ownership in accordance with an ethics pledge to the U.S. Office of Government Ethics, according to the company. His brother, Joel Myers, is founder and president of AccuWeather.

A Senate committee fast-tracked Myers's nomination on April 3, when they voted without debate to advance him to the full Senate floor for a vote. The vote broke along party lines, 14-12, with Republicans in favor of Myers. It was the third time his nomination has advanced out of committee, yet not been scheduled for a floor vote.

A spokesman for the White House declined to comment on this report. Barry Myers did not return an email requesting comment.

The report lists numerous, alarming examples of the alleged harassing behavior.

Multiple witnesses claimed a "high-profile male employee" in the Digital Media Content and Operations department hugged, touched and kissed female employees on the mouth without their consent. The vice president of human resources at AccuWeather told the Office of Federal Contract Compliance Programs expressed shock at the allegations and claimed to have no knowledge, despite several witnesses telling investigators they reported the man's conduct to the vice president of human relations.

Investigators found the vice president of human resources's claims of "no knowledge" incredible, citing the volume of contradictory witness statements and documentary evidence. When one of these claims into the male employee was investigated by human resources, no action was taken, according to the report.

Moreover, "several" senior male managers, including at least one executive, participated in sexual relationships with subordinate employees. Women in these relationships received career opportunities and job perks not made available to those who did not engage in them. A woman was overheard complaining about these relationships by the vice president of human resources, then was terminated days later, according to the report.

One woman alleged an AccuWeather executive used "profane and sexually explicit name-calling" and "obscene references" to sexual orientation in communication with employees.

The investigation also found AccuWeather "did not take reasonable action to prevent and remedy harassing conduct." The report cites a policy manual that directs concerned employees to file a complaint with the company's "Ombudsman Committee" - which the investigation determined "did not exist and had not been active for over two years."

"When employees did complain to their supervisors or HR, no remedial action was taken," the report read. "Some employees . . . were subjected to retaliation based on their complaints. Multiple witnesses described being fearful that they would be terminated and blacklisted if they complained about sexual harassment."

Rhonda Seaton, director of marketing communications at AccuWeather, said the company "continues to deny the allegations and claims" detailed in the report.

"We determined it was much more productive and effective to use this opportunity to partner with the OFCCP voluntarily to further enhance our strong programs to promote workplace inclusion and diversity rather than spend time and money needlessly on protracted legal negotiations," she said.

The report indicates AccuWeather referenced its internal complaint process and harassment avoidance policy, which all staff is required to follow. Employees are also required to receive anti-harassment and discrimination training as part of the onboarding process.

The Washington Post previously reported on AccuWeather's agreement to pay $290,000 as part of a settlement, detailed in a conciliation agreement published in June. That agreement included a letter that was sent to former employees who worked at AccuWeather between Jan. 1, 2014 and Dec. 21, 2017, who were notified they were eligible to receive at least $7,250 as part of the settlement.

At least four women had received payment by the time the agreement was signed by Joel Myers, and the agreement indicates at least 35 other women had an opportunity to receive money in the settlement. The company promised to institute a number of changes - including mandatory in-person training for managers in how to identify and prevent unlawful harassment. The company was also asked to hire a third party to "receive and investigate complaints of harassment, intimidation, threats, retaliation and coercion against employees throughout 2018."

NOAA administrators have expressed concern about Myers's nomination - two of whom said he had conflicts of interests that should disqualify him, as The Washington Post previously reported. His controversial nomination was highlighted by the fact that Myers, a businessman and lawyer, is not a scientist. The Washington Post's Jason Samenow reported in October 2017 that every past NOAA administrator but one, attorney Richard Frank, who served from 1977 to 1981, has held a science degree - though advocates argue Myers brings private-sector experience that will help advance the organization.

NOAA oversees the National Weather Service, which compiles data used by AccuWeather. Samenow reported that AccuWeather has previously supported measures to limit what the Weather Service can make public, granting private companies a chance to create their own value-added products using the same information.

His nomination stalled in the Senate in 2018. However, GOP leaders have sought to renominate him without a hearing, despite ethics concerns raised the first time he went through this process.

Barry and Joel Myers gave money to then-Sen. Rick Santorum, R-Pa., in 2005, for example, who introduced legislation aimed at curtailing government competition with private weather services. Myers and his brothers also pressed the government on weather-related programs that could affect AccuWeather's finances, according to interviews and documents reviewed by The Washington Post.

"Barry Myers defines 'conflict of interest,'" Ciaran Clayton, communications director at NOAA in the Obama administration, told The Washington Post in 2017. "He actively lobbied to privatize the National Weather Service, which works day in and day out to protect the lives and livelihoods of millions of Americans, to benefit his own company's bottom line."

The Washington Post’s Angela Fritz contributed to this report.