Sexual Harassment Harms Everyone

 

Sexual Harassment has taken center stage in recent years but it isn’t new at all. If you look up Me Too or go to the movement’s Facebook page you’ll find over 170,000 friends and followers sharing stories, giving updates on legislation and seeking support in protecting people from this type of harassment. Me Too was first used by Tarana Burke in 2006 because she was unable to help a 13 year old girl who confided her assault experience with Burke, so she shared her story. The movement gained a tidal wave of momentum in 2017 when Alyssa Milano used it as a way to empathize/support the women victimized by Harvey Weinstein, and to demonstrate the magnitude of the problem. Sexual Harassment is not only a workplace issue, the federal government protects you from this type of harassment wherever you experience or witness it.

Sexual Harassment has two basic forms, 1. Harassment based on someone’s sex or sexual orientation or 2. Unwelcome sexual advances, requests for favors and other forms of verbal of physical harassment of sexual nature. According to the US Equal Employment Opportunity Commission (EEOC) sexual harassment is not just limited to sex, it would include offensive generalizations about sex or gender in general. While women and girls are more likely to be victimized by predatory behavior, men and boys are regularly targets. Below are a few of the more appalling cases in recent years.  

Ani Chopiurian v. Catholic Healthcare West (2012): A jury awarded Chopourian $168 million, potentially the largest judgment in U.S. history for a single victim of workplace sexual harassment. A physician’s assistant at Mercy General Hospital in Sacramento filed multiple complaints over two-years that went ignored by management. She complained that one surgeon would greet her each morning by saying, "I'm horny," and then slap her butt. After attorneys on both sides submitted legal arguments about the award, the judge in the case decreased the total to $82,230,484.  

Ashley Alford v. Aaron's Rents (2011): Alford was an employee at Aaron's Rents, a lease-to-own retail chain. She won a $95 million federal court verdict in an Equal Employment Opportunity Commission (EEOC) case in which she charged she had been sexually harassed and assaulted by Richard Moore, a manager at her workplace. Despite her repeated complaints, the company did little until Moore attacked her, yanked up her shirt and then masturbated, ejaculating on her, Alford alleged. The jury verdict was later reduced to $41.3 million because of a cap on federal damages.

Gretchen Carlson v. Roger Ailes (2016): The parent company of the Fox News Channel apologized to Gretchen Carlson, a former broadcaster for the company, as it agreed to a $20 million settlement of the sexual harassment lawsuit she filed against Fox News' ex-CEO Roger Ailes. Along with the apology, Fox praised Carlson's work and professionalism as it settled allegations that her contract wasn't renewed because she "refused to sleep" with Ailes and suffered "severe and pervasive sexual harassment" at work. Ailes left the company in July 2016 with a $40 million settlement. Carlson's book, Be Fierce: Stop Harassment and Take Your Power Back, was published in 2017.

While these are extreme cases, the law views much milder behavior in the same light. Comments, grunts, singing explicit songs, telling stories of your conquests, passing pictures on email or texts are all covered by federal law and need to be addressed. Huffington Post reported on research done in 2015 that 1 in 3 women have been sexually harassed and 71% of them did not report it. Why? The answer is similar to the reason people don’t report other forms of harassment, blowback. They won’t be believed, things will get worse, they will be fired and the scary part is that these are real consequences women have faced because they often reported their experience to another harasser. Further, having your name attached to a sexual harassment claim damages your resume and your shot at future opportunities. In light of that, women absorb it until they find another opportunity or their tormentor leaves.

If you are feeling like you may be the target of a harasser, first tell them with a straight face and a clear voice that you do not like the behavior and that you would like them to stop. If it does not stop, write down what you said, their response and note the continued behavior. Next, report it to your or supervisor and ask for intervention. Remember their response, if they don’t intervene and the behavior continues, journal that conversation and the fact that the behavior has continued then continue up the chain of command. Each time, let the superior manager know who you have told, what was said to you and what behaviors have continued despite your efforts. There are federal agencies such as EEOC and the Office of Civil Rights (OCR) who will step in on your behalf if the organization does not respond. Leaders, if a sexual harassment claim is brought to you investigate it and let people know that their behavior is on your radar. Ask the claimant to report directly to you any further behaviors. If there are any other victims or witnesses interview them. Sit the tormentor down and share with him the claim and what you have learned in your investigation, allow him to view it and respond to it, note his response then act.

One rule of thumb, don’t harass people. If someone tells you they don’t like something you’re doing, consider it from their perspective, and stop doing it. Ask yourself this question, is what you’re doing so important that it must be done whether they like it or not? Remember this, the law does not consider your playful nature, only that someone was harmed and you can be fired, prosecuted or both for it. If a claim is brought to you, take it seriously. Investigate it and act on what you learn. Check in on the claimant, let them know that you know it took strength to report it and encourage them. Offer classes, trainings and opportunities for your team to be educated. Your insurance carrier or your law firm will offer classes to people who need them. Your organization gets better as you people get better, everyone has a chance to be their best when they are safe and supported. In short, look out for yourselves and one another and your whole team will SOAR!

 

William A. Brown 

October 6, 2019  

 

https://www.eeoc.gov/laws/types/sexual_harassment.cfm

https://www.usatoday.com/story/money/2017/10/25/sexual-harassment-here-some-biggest-cases/791439001/

https://en.wikipedia.org/wiki/Me_Too_movement

https://www.huffpost.com/entry/why-women-dont-report-sex_b_11112996