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What I've Been Reading This Week: Sexual Harassment Edition


I have wanted to dedicate a post to sexual harassment issues in the workplace for a few weeks, but first I wanted to find a few articles that covered a broad scope on the topic.  (Given the recent sexual harassment allegations made yesterday about a sitting Senator, I think this post is all the more timely.)  Starting with Daniel Schwartz's article on his prediction of a likely rise in sexual harassment claims (and settlements) all the way through how sexual harassment allegations are prevalent in not only conservative workplaces (such as Fox News) but also organized labor, no workplace is immune from sexual harassment allegations.  Employers take note, as many of the below articles imply, there is no sure fire way to avoid sexual harassment allegations in today's work environment.  Perhaps just as important, there is no "guaranteed" way to eliminate sexual harassment allegations either.  As Daniel Schwartz writes, it is quite possible we are on the cusp of a new wave of sexual harassment claims.

As always, below are a couple articles that caught my eye this week.


Are We On the Cusp of a New Wave of Sexual Harassment Claims?

Daniel Schwartz often writes good articles over at The Connecticut Employment Law Blog and in recent weeks, he surmised that we are likely to see a new wave of sexual harassment claims in the coming months.  In his opinion, after the Anita Hill - Clarence Thomas sexual harassment allegations in the 1990's and subsequent mandatory sexual harassment prevention training required in many states, employers cannot now claim they did not know they needed to train employees (in regard to sexual harassment) or that they did not know they needed to investigate allegations.  In an effort to give employers a bit of a guideline to utilize, Schwartz provides three suggestions on what employers can do when a sexual harassment allegation comes to light in the workplace.  While these three suggestions are not surefire (or all encompassing), it gives employers a framework to implement if needed.


As Congress Considers Implementing Anti-Harassment Training, It Begs the Question: Would It Actually Work?

A few weeks ago, Senate Judiciary Chair Chuck Grassley (a leading Republican Senator from Iowa) pushed for all employees of the Senate complete online or in person sexual harassment training.   However, as Julia Belluz at Vox explains, research seems to suggest that these anti-harassment training programs do not actually stop or prevent abuse.  As Belluz explains, far too often, it appears that these anti-harassment programs simply educate employees about harassment but do not actually change their behavior.  With that being said, Belluz points to an EEOC task force study which seems to provide employers with a few points of emphasis for combating sexual harassment issues in the workplace.



Nellie Bowles at The New York Times wrote a thought provoking piece last week in which she examined how men in the workplace are rethinking how to interact with females in the workplace...after sexual harassment allegations in a wide range of industries have come to light.  As the article notes, some males are practicing avoidance or adopting the "Pence rule" (named after Vice President Mike Pence who commented recently that he does not eat alone with women who are not his wife or attend an event without her if alcohol is being served).  Others are instead being more direct and asking females in the workplace if they have been harassed there or worry about harassment "invading" their workplace.  Regardless of what approach males in the workplace are taking, many employers are wary that with upcoming holiday parties (that often involve alcohol), sexual harassment allegations are likely to spike in the coming weeks.  While this article does not provide a "sure fire" solution for avoiding sexual harassment allegations, I highlight it so readers can see the wide range of options some employers and employees are choosing to take.


Sexual Harassment Claims Plague Organized Labor

Sexual harassment allegations have not only confronted conservative outlets such as Fox News but appear to have become a more prevalent concern for organized labor.  Back in October, Richard Trumka, President of the AFL-CIO, opened a national convention by reading a passage from a code of conduct and subsequently gave out contact information for two people designated to field complaints about sexual harassment and other discriminatory behavior.  This comes on the heels of Trumka's assistant (and AFL-CIO chief budget officer) resigning after allegations of sexual harassment.  As well, the Service Employees International Union has recently been besieged by sexual harassment allegations as of late which resulted in four senior staff members leaving.  I think it is likely that organized labor can weather this "crisis", but as Josh Eidelson at Bloomberg Businessweek writes, these recent allegations have put organized labor in a precarious position, given labor's "tradition" of advocating for workplace dignity/equality and seeking out protections against exploitation and harassment.

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