sexual harassment

Gretchen Carlson, Formerly of Fox News: How to Stop Sexual Harassment

by

Gretchen Carlson went public about the sexual harassment she endured from Roger Ailes as an employee of Fox News and got Roger Ailes fired. Carlson did not agree to stay silent when offered a settlement as part of a nondisclosure agreement, and she got fired. It took courage to go public, and, subsequently, many women have come forward to tell their previously undisclosed stories of sexual harassment. In her article in the New York Times, Carlson notes that, according to the National Women’s Law Center, “almost half of all women have been sexually harassed at work. And those are the ones who have been brave enough to reveal it.” In a previous article, I explain why sexual harassment is still so prevalent in the workplace. Carlson has committed herself to taking action to create workplaces free of sexual harassment for our daughters––places where offensive comments about women will not be dismissed as “locker room talk” and sexual assault will not be tolerated. She explains that while women need to feel able to come forward and say, “This is not OK,” creating harassment-free work environments will require more than women speaking up after the fact. She offers the following suggestions:

  • Companies should not be allowed to force newly hired employees to sign contracts that require secret arbitration of all discrimination disputes, including sexual harassment claims. Carlson explains that secrecy silences women and leaves harassers free from accountability. In addition, arbitration rarely favors the accuser and cannot be appealed. Carlson plans to testify before Congress to help fight forced arbitration, and we all need to weigh in with our representatives to support legislation to stop forced arbitration contracts.
  • We should reassess whether human resources (HR) departments are the right places for victims to lodge their complaints. As demonstrated by Carson’s case at Fox News, HR and corporate legal departments are often loyal to the company executives who hire them and see their job as protecting the company by covering up the misdeeds of executives to prevent lawsuits. In fact, when I was consulting to companies in the 1990s and early 2000s about how to set up policies and procedures that would create harassment-free environments for employees, a best practice was to have an outside ombudsman, often an employment law firm, on retainer to represent the interests of the employees. After this time, arbitration clauses were added to employment contracts and this route to safety for employees was closed off.
  • We should reassess sexual harassment training given by companies. I agree with Carlson that such training is often a corporate façade that creates the illusion of compliance with antiharassment laws. While Carlson suggests that harassment training should be assessed for effectiveness, I maintain that training without effective reporting procedures that bring perpetrators to justice can never be effective. In other words, don’t blame the training. Employees always know when “no tolerance” statements are insincere or not backed up by procedures with teeth to protect them.
  • We should be conscious and intentional about raising both boys and girls to show respect to each other at school and at home.
  • Men should hire more women into positions of power and stop enabling harassers. Carlson states that men and women need to work together: “This is not only a women’s issue. It’s a societal issue.”
Gretchen Carlson lost her job when she took on Roger Ailes. We all need to endorse her efforts to end sexual harassment and support her on her path to whatever is next in her career. Good luck, Gretchen, and thank you!   Image: “Black and White, City, Man, People”]]>

Sexual Harassment and Assault: A Costly Tax for Women

by

I am the survivor of both sexual assault and rape, and I understand all too well the high cost, or tax, that women pay for being treated as sexual objects.  I experienced sexual assault as a child, an adolescent, a young woman, and a middle-aged woman. I have never talked about most of these experiences, but I believe that women now need to speak out to make it clear that disrespecting women is a real problem, not just “locker room talk.”  Sexual assault and violence are serious problems all over the world and not small problems in our country.  Amanda Taub of the New York Times reports the following:

  • One in four women in the United States have been sexually assaulted.
  • One in five women in the United States are victims of rape or attempted rape.
The cost to women who experience sexual assault and harassment in its many forms—many of which were clearly described in the Access Hollywood tape that recorded Donald J. Trump boasting of grabbing, groping, kissing, leering, and committing other violations of the personal boundaries of women without their consent—occurs on many levels.  The cost can be emotional trauma that can be permanently damaging to one’s confidence and self-image, not to mention the pain and humiliation of rape.  I particularly resonate with Taub’s description of the impact of sexual assault on women as an “opportunity tax.” Women are taught early in life that they are responsible for avoiding sexual assault and that it is their fault if it happens to them. Taub cites social scientist Professor Leong, who explains the opportunity tax: “Whereas men can freely seize opportunities, women must pause and weigh the costs of” meeting alone with a professor, going out to dinner with a male client, networking after hours with colleagues at a conference, meeting alone with a potential investor, or going on a business trip with a male boss. Because of sexual harassment and assault, many women quit jobs, leave professions, or step back to avoid risk, thereby damaging their careers and limiting their life choices. A lot of women have come forward to tell their stories since Trump’s words and tone in the Access Hollywood recording struck a chord with many of us. We are outraged by the dismissal of his remarks as “locker room talk.”  Jonathan Miller sums up Trump’s statements well, writing that they reflect a “rape culture” in our larger society.  He explains that talking about objectification of women’s bodies results in the cultural conditioning of men and boys to feel entitled to treat women as sex objects. This is also described by Sam Polk as “bro talk.” Yes, Trump’s comments struck a nerve.  Kelly Oxford posted a tweet sharing her experience of sexual assault on Friday night when the Access Hollywood tape was released, and by Monday morning twenty-seven million people around the world shared first-person accounts or visited her Twitter page.  Shortly before the Access Hollywood tape came to light, I published an article on why sexual harassment happens, and received more than two hundred stories and comments and over 10,000 viewings from readers all over the world on LinkedIn.  The following are a few of those comments from my readers:
  • I work in silence. It’s not nice bosses that have the upper hand over employees. Female Housekeeper
  • I was in a position in which a high ranking male would look at various parts of my body in a very lewd manner. When I filed a complaint, it became his word against mine and nothing was done.  I was asked to transfer to another location. Female Technician
  • I think a lot of sexual harassment begins at home. Dad belittles Mom, Mom tries to keep a straight face because the kids are watching.  Daughter grows up and gets married to a man much like Dad.  This carries over into the daughter’s work life—trapped, not knowing which way to turn, ignoring degrading remarks in order to put food on the table. Female Author and Business Owner
  • One college professor grabbed my backside while at a business club event. Another offered to give me a better grade if I “went out” with him. I took the lower grade.  Things like this happen more frequently than reported. Female Technical Professional
  • This is still a huge problem. I recently wrote about my own experiences with sexual harassment by an executive and admitted my own fear of speaking out because I worried it might damage my reputation. Female Entrepreneur
  • In India, a deeply rooted culture of patriarchy plus inherent misogyny form a dangerous basis of judging the seriousness of any sexual harassment complaint made at the workplace. Female Financial Advisor in India
It is not easy to speak out when demeaning and traumatizing things happen to you.  It helps when we can share our stories and know we are not alone.  We must come out of the shadows with our stories and support each other.  Together we can pressure our society to stop perpetuating a rape culture and to end this opportunity tax for women. Please share your story here, if you have one to tell.   Photo: Daniel Kruczynski License: https://creativecommons.org/licenses/by-sa/2.0/legalcode  ]]>

Stopping Harassment in the Legal Profession: The ABA Takes a Stand

by

The American Bar Association (ABA) recently passed national standards that prohibit harassment of opposing counsel, witnesses, coworkers, court personnel, and others in the course of practicing law. Elizabeth Olson of the New York Times reports that according to the new standards, “harassment includes sexual harassment and derogatory or demeaning verbal or physical conduct” based on race, religion, sex, disability, age, sexual orientation, or marital or economic status. In a separate article, Olson explains that harassment has long been intentionally used in the legal profession to intimidate or fluster opposing counsel and witnesses as well as to reinforce male-dominated attitudes in the legal profession.  She reports that a recent ABA study found that “stereotypical sexist remarks to female lawyers contribute to their underrepresentation in the legal field.” The study also revealed these statistics:

  • Only 18 percent of partners at top law firms are women.
  • In civil cases, men are three times more likely than women to appear as lead counsel and trial attorneys.
  • In criminal law, men are four times more likely to appear as trial attorneys.
Female lawyers explain that they usually try to ignore sexist and racist comments “for fear of imperiling their careers or being labeled less than a team player”—until they can’t anymore and leave the profession.  These are real concerns, and change will only happen if both male and female lawyers and judges hold offending attorneys accountable with the fines and penalties, such as disbarment, now possible when complaints are made and investigated. The National Association of Female Lawyers, the ABA, and individual male and female attorneys and judges have shown courage and determination in pushing for these national standards.  Let’s celebrate a step in the right direction that has a chance to make the legal profession more welcoming and inclusive for its nondominant members, and the courtroom a place where positive standards of professional conduct are on display.   The image in this post is in the public domain courtesy of David Mark.]]>

Why Sexual Harassment Is Still Happening in the Workplace

by

“I am worried about my new boss,” reported my client, Julie, a bright young woman in her thirties. “I had to leave my last job because my boss demanded sexual favors from me in order to keep my job. I had no one to turn to for help because he is so powerful and respected in the small world of our profession. Reporting him would have been career suicide, so I just quit. Now I am worried that my new boss is starting to show signs of the same expectations. I need this job and I don’t know what to do! Can you help me?” Has nothing changed since 1991 when Anita Hill, an obscure law professor, reluctantly described the lewd behavior of her previous boss, Clarence Thomas, during the Senate confirmation hearing for his nomination to the Supreme Court? Unfortunately, the answer is “No, not much has changed.” Professor Hill helped us give a name—sexual harassment—to an ancient practice by powerful people (usually men) over less powerful people (usually women) in the workplace. Since 1991, new laws and organizational policies have been passed to prohibit this behavior, but it has not stopped. In fact, James B. Stewart of the New York Times reports that the problem is still massive and pervasive. Consider the recent sensational cases of Roger Ailes of Fox News and Bill Cosby, the comedian. And consider the experience of my client Julie. Why is this still happening? I believe that sexual harassment continues to be a fact of life for many women because of these factors:

  • Power, unchecked and unchallenged
  • Career damage for women who come forward
  • Employment contracts that require sexual harassment claims to go to arbitration as a condition of employment
  • Isolation of women who are forced to sign nondisclosure agreements when they receive settlements during arbitration of their claim
  • The silence of men and of people in key functions in organizations, such as the HR, legal, and finance leaders at Fox News who helped cover up the misdeeds of Ailes
Sexual harassment happens, for the most part, because it is a power game. Julie’s case is a clear example of an older male boss using his power over a younger female employee to demand sexual favors that she may feel powerless to refuse. Yes, I have seen women with power demand sexual favors from less powerful men, and I have also seen same-sex sexual harassment, but the latter two types are much more rare. Nonetheless, the key to the dynamic is that one person has real power to promote, demote, or fire the lower-power person—to retaliate—if the employee refuses the demand for sexual favors. Fear of retaliation is what makes many women leave good jobs and even walk away from a profession they may have spent years training for. According to Noam Scheiber and Sydney Ember of the New York Times, studies indicate that “the great majority of sexual harassment incidents at work still go unreported” because of fear of retaliation. Carol Costello of CNN, who experienced sexual harassment earlier in her career but did not report it, agrees that women who come forward verbally or file a lawsuit still face consequences. In fact, Scheiber and Ember explain that many plaintiffs’ lawyers argue that the risks to women of coming forward have increased over time as the Internet allows a label of “troublemaker” to follow a woman throughout her life. Jen Agg, writing for the New York Times, describes this challenge for women building careers as chefs. Relatively few top chefs are women, and women know that if they complain about the rampant sexual harassment in the testosterone-fueled environments of most restaurant kitchens, “you get a reputation for not being a ‘team player’ and you will not advance.” Women know they have to stay quiet or leave the industry. Isolation also keeps sexual harassment alive and well. When women go to HR and complain about a high-level boss, they are sometimes offered a settlement to leave and keep quiet—an option that may seem preferable to being fired or demoted—by signing a nondisclosure agreement in exchange for a payment. In this case, no one talks, so each woman thinks that she alone has been subjected to the abuse, and the perpetrator can continue abusing other women for years without consequences, as did Ailes and Cosby. Furthermore, those who know what is going on may collude to protect the powerful man, as happened in the case of both Ailes and Cosby, and women really don’t have anyone they can talk to who will help them. What can be done? We must eliminate nondisclosure agreements and employment contracts with arbitration requirements so that powerful perpetrators can be held accountable, and we need women and men at all levels to break their silence when they know that sexual harassment is going on. It’s time for this to stop. Julie should never have to quit her job or be afraid of her boss again, and neither should anyone else.   The image in this post is courtesy of Sharon Mollerus (CC BY 2.0).]]>

3 Reasons Why There are Fewer Women in STEM Professions: New Research Brings Hidden Barriers to Light

by

The fact that there are so few women in the STEM (science, technology, engineering, and math) professions has been a mystery for a long time. A. Hope Jahren of the New York Times writes that according to the most recent statistics released by UNESCO, “women’s enrollment in graduate education in the United States has been greater than men’s for each of the last 30 years.” But every year, female students drop out of STEM graduate programs in large numbers and are denied tenure at high rates when they do complete their studies and move into faculty positions. Women are also poorly represented as senior STEM leaders. Jahren notes that women do not drop out of graduate programs because of performance—there is no difference in GPAs between women who drop out and those who stay in. And women are not denied tenure because of a failure to publish. So what is going on? Several new important studies reveal reasons why women struggle to be successful in the sciences and point the way to changes that will make it possible for them to succeed in the STEM professions.

Reason 1: Research Funding Is Significantly Lower for Female Scientists

Priyanka Dayal McCluskey of the Boston Globe reports that at big biomedical research institutions, including hospitals, universities, and other research institutions in New England, male scientists beginning their careers receive more than twice as much funding to support their work as female colleagues. A study conducted by a Boston nonprofit group, Health Resources in Action, found that male scientists beginning their careers as faculty researchers receive median start-up funding of $889,000 to establish their research labs compared to $350,000 for women. These funding packages are negotiated confidentially between researchers and department heads, and with no transparency, this pattern of gender bias had not previously been visible. Smaller start-up budgets make it harder for women to publish research and attract new grants, which impacts tenure and promotions for them.

Reason 2: Women Do Not Receive Tenure Credit for Their Publications

Justin Wolfers of the New York Times reports on research by Heather Sarsons at Harvard that compiled data on the publication records of young economists recruited by top universities over the past 40 years. Wolfers notes that the career path for economists is largely organized around tenure, which is based on “publish or perish” criteria. The study indicates that while women in the field publish as much as men, they are twice as likely to perish or be denied tenure. Sarsons’s research found that the only women who enjoyed the same rate of tenure success as men were those who published as solo authors. And here is where the study findings get interesting. Consider that most scholarly papers are coauthored and that economics is a male-dominated field, and note these findings:
  • When a woman and a man coauthor a paper, the man receives full credit toward tenure and his female coauthor receives no credit. It is assumed that only he deserves the credit.
  • Only when a woman publishes a paper alone or coauthors with another woman is she given full credit toward tenure.
The study found strong statistical differences and suggests this bias may account for female economists being twice as likely to be denied tenure.

Reason 3: Sexual Harassment

Sexual harassment is pervasive and underreported, creating an intimidating environment for young female scientists. Jahren, a female professor of geobiology, suggests that sexual harassment accounts for much of the huge dropout rate for young females in the sciences—along with a sense of isolation. Only recently has the lack of attention and responsiveness to claims of sexual harassment in several large academic institutions become public. Jahren notes: “From grad-school admission on up through tenure, every promotion can hinge on a recommendation letter’s one key passage of praise, offered—or withheld—by the most recent academic adviser. Given the gender breakdown of senior scientists, most often that adviser is a man.” Jahren suggests that often, in the face of harassment from a powerful male mentor, the only choice a student feels she has is to leave the profession to get away from him. Women feel that if they reject their mentor’s advances, they will not get a good recommendation and their career in science is over. What are the lessons learned from these new studies? We need transparency and accountability to interrupt and change these systemic patterns of bias. As long as they are hidden, and there are no consequences for unfair treatment, nothing will change.     Photo credit: Laboratory Science – biomedical by Bill Dickinson, on Flickr]]>