The nomination of Clarence Thomas to the Supreme Court in 1991 was irrevocably altered by the sexual harassment allegations brought forth by Anita Hill. What began as a contentious but relatively standard confirmation process transformed into a national spectacle when Hill's claims became public. Her testimony before the Senate Judiciary Committee, detailing alleged inappropriate behavior by Thomas, not only delayed the confirmation vote but also
ignited a widespread public discussion about workplace sexual harassment, leaving a lasting impact on American society and legal discourse.
The Emergence of the Allegations
Toward the end of the initial confirmation process, confidential FBI reports containing sexual harassment allegations against Clarence Thomas were leaked to the media. These allegations came from Anita Hill, a law professor who had previously worked under Thomas at the United States Department of Education and later at the Equal Employment Opportunity Commission (EEOC). The leak, which occurred on October 6, 1991, after the initial confirmation hearings had concluded, was first aired by NPR Supreme Court correspondent Nina Totenberg. The information revealed that Hill accused Thomas of making unwelcome sexual comments to her during their professional association.
Prior to the public leak, democratic committee staffers had heard rumors of Thomas sexually harassing women. In early September, Senate Judiciary Committee chairman Joe Biden requested an FBI investigation into Hill's charges. FBI agents interviewed Hill on September 23 and Thomas on September 25. Despite these allegations, Biden initially saw no reason to postpone the committee's scheduled vote on Thomas's nomination. However, once Totenberg's story broke, Biden faced immense pressure from House Democratic women and various groups opposing Thomas's nomination, leading to the unprecedented decision to reopen the confirmation hearings.
Anita Hill's Testimony and Specific Claims
On the morning of October 11, 1991, Anita Hill was called to testify before the Senate Judiciary Committee. She stated her purpose was to speak to Thomas's character and fitness for the high court, expressing ambivalence about whether his alleged conduct constituted illegal sexual harassment. Hill recounted that she became an attorney-adviser to Clarence Thomas at the Department of Education (ED) in 1981. When Thomas became chairman of the EEOC in 1982, Hill followed him to serve as his special assistant until her resignation in mid-1983.
Hill alleged that it was during her employment at both ED and EEOC that Thomas made sexually provocative statements. She testified that she followed Thomas to the EEOC because the work was interesting and, at that time, "it appeared that the sexual overtures... had ended." She also wanted to work in civil rights and believed the Department of Education itself was a "dubious venture." Hill provided graphic details of Thomas's alleged behavior, including his discussions about acts seen in pornographic films, such as women having sex with animals and group sex or rape scenes. She claimed Thomas "told me graphically of his own sexual prowess" and made "embarrassing references to a porn star by the name of Long Dong Silver." A specific incident she recalled from their time at the EEOC involved Thomas allegedly asking, while drinking a Coke, "Who has put pubic hair on my Coke?"
Supporting Statements and Thomas's Rebuttal
Two other women, Angela Wright and Rose Jourdain, provided statements to Senate staffers that supported aspects of Hill's allegations. Angela Wright, a former subordinate of Thomas at the EEOC whom he had fired, told committee staff that Thomas had repeatedly made comments similar to those alleged by Hill, including pressuring her for dates, asking about her breast size, and frequently commenting on other women's anatomy. Wright claimed that after she rejected Thomas for a date, he began to express dissatisfaction with her work and eventually fired her. Thomas, however, stated he fired Wright for poor performance and for using a homophobic epithet.
Rose Jourdain, who did not testify, corroborated Wright's statements, indicating Wright had spoken to her about Thomas's comments at the time they allegedly occurred. Jourdain noted that Wright became "increasingly uneasy" around Thomas due to his constant commentary on her body and looks, and once came to Jourdain's office in tears. Another former Thomas assistant, Sukari Hardnett, while not accusing Thomas of sexual harassment, told the Judiciary Committee staff that "if you were young, black, female, reasonably attractive and worked directly for Clarence Thomas, you knew full well you were being inspected and auditioned as a female."
Clarence Thomas, testifying on the afternoon of October 11, 1991, vehemently denied all of Hill's accusations. He stated, "I deny each and every single allegation against me today that suggested in any way that I had conversations of a sexual nature or about pornographic material with Anita Hill, that I ever attempted to date her, that I ever had any personal sexual interest in her, or that I in any way ever harassed her." He famously called the hearings a "high tech lynching" and a "national disgrace," asserting that the allegations were part of a concerted effort to destroy him.
