Many victims still choose to remain silent
Despite furor, people don’t rock the boat on workplace harassment, study finds
A spate of recent public revelations, including the spontaneous #metoo discussions on social media, is emboldening many victims of sexual harassment to speak up, but many still remain silent.
Up to 85 per cent of women have experienced sexual harassment in the workplace and many men as well, according to a report released in 2016 by the U.S. Equal Employment Opportunity Commission.
Common responses include: avoiding the harasser, downplaying the gravity of the situation or attempting to ignore or endure the behaviour. The least common response? Taking formal action — either reporting their harassment internally or by filing a formal complaint. In fact, 70 per cent of men and women who experienced workplace harassment “never even talked with a supervisor, manager or union representative about it,” according to the EEOC report.
Several experts were asked about why this sexual misconduct in the workplace is still under-reported:
Q Sexual harassment is part of a national conversation these days, but many victims still aren’t coming forward. Why?
A The top reason is a fear of retaliation — either by the harasser or their employer.
“While it is illegal ... that doesn’t mean it doesn’t happen,” said Emily Martin, vice-president for workplace justice at the National Women’s Law Center. “It happens a lot.”
Often, a victim who experiences harassment calculates the best possible outcome of making a report and it doesn’t look very attractive, Martin said. Even if they aren’t terminated, it can affect relationships in the workplace and victims worry about how they will be seen at work and their ability to do their job.
Tammy Cho, co-founder of BetterBrave, a website that provides resources for sexual harassment victims, also talked about distrust in human resources. The site was launched after a female engineer at Uber publicly detailed her harassment at the company and how her complaints were ignored.
BetterBrave also found there is under-reporting because of uncertainty about what is considered sexual harassment. The EEOC report, for example, discovered women were less likely to say they’d been a victim of sexual misconduct when they were asked about it in general terms but as the questions became more specific, citing examples of forms of sexual harassment, the prevalence grew much higher.
And there is a preference to avoid drama, such as getting someone fired or having to go to trial.
“Survivors don’t speak up because as a society, we shame, isolate and doubt survivors when they come forward,” said Sheerine Alemzadeh, co-founder and co-director of Healing to Action, which fights gender-based violence through workforce leaders.
“Our culture normalizes violence and aggression against women — when it occurs we question why the survivor put herself in that situation, instead of why a person would grope, proposition, or rape another person. Until that changes, survivors only risk further trauma by coming forward.”
Q There have been a number of victims speaking up lately in the press and through social media campaigns like #metoo. Will this help bring more victims forward?
A “Absolutely, I definitely think seeing women come forward empowers other women to come forward,” Cho said.
However, Martin said it remains to be seen if this is an isolated moment in time or true turning point. Still, she believes there are benefits from the growing awareness.
“What we are seeing now is the power of women’s voices ... people sharing their stories of harassment is making women feel more empowered to say ‘it
happened to me, too’ and that they will be believed.”
Q What are your options if you were harassed and want to take formal action?
A Beyond confronting the harasser, you can report the situation in your workplace, file a complaint (in Canada, through the Canadian Human Rights Commission) or seek legal action. Report crimes, such as rape, to the police or contact a sexual assault service program for help.
If you are going to make a legal claim, Martin said it’s important to speak with HR or use whatever resources are available in the workplace first.
Courts will look to see if the victim did everything they could to address harassment.
Most experts advise getting basic information about what your legal rights are.
Q What should you do first?
A Cho said the first step is to document it — save that email, take screen shots or save any other pertinent information. Or simply write down all the details you can remember with as many facts possible for your own reference.
Alemzadeh suggested telling someone you trust, who will believe you and support your decisions. “Navigating an employer’s HR process, law enforcement, and the courts can be overwhelming . ... Make sure there is someone who can help you navigate your options and advocate for yourself,” she said.
Q What can be done to ease the hurdles to reporting?
A The first step is having a workplace culture that values people equally, regardless of their gender, said Alemzadeh. Second is to have procedures that reflect the realities of trauma and sexual assault, both at the HR level and at law enforcement agencies.
Overwhelmingly, experts say people need to be aware of their rights.