| Accusations of sexual harassment in the workplace are on the rise in Massachusetts, but why now?
Sexual harassment is not a new occurrence by any means – women have been objectified and harassed since before they entered the workforce. The term “sexual harassment,” originally coined in the 1970s to raise awareness about women’s struggles for social equality, is now receiving a much needed injection back into the national dialogue from the #MeToo movement.
The #MeToo movement, which originated in 2006 by activist Tarana Burke, was catapulted to the forefront of the public consciousness in October 2017 when actress Alyssa Milano tweeted in solidarity with Rose McGowan over sexual harassment allegations against American film producer Harvey Weinstein.
The movement quickly picked up speed and soon allegations surfaced regarding powerful men in Hollywood, Silicon Valley, the entertainment industries and higher education. Since April 2017, 219 celebrities, politicians, CEOs and other prominent figures have been accused of sexual misconduct. The #MeToo movement has only picked up momentum and doesn’t show any signs of stopping.
Women Feel Safer Reporting their Coworkers
A 2015 study by the Equal Employment Opportunity Commission (EEOC) found that “the extent of non-reporting is striking … approximately 70 percent of individuals who experienced harassment never even talked with a supervisor, manager or union representative about the harassing conduct.”
The 2015 study goes on to list the reasons why so many victims of harassment choose not to report – and the reasons are substantiated and many. Victims of sexual harassment often fear coming forward for a litany of reasons from fear of judgement by their peers and colleagues, to fear that their claims will not be believed, or the fear that they will somehow be implicated in the crime. EEOC cited a 2003 study reporting that “75 percent of employees who spoke out against workplace mistreatment faced some form of retaliation.”
The change enacted by incendiary movements like #MeToo is being felt directly by attorneys and government officials in Massachusetts. The Massachusetts Commission Against Discrimination reported that allegations of sexual harassment soared 400 percent in February 2018 compared with 2017. Chairwoman of the Commission Sunila Thomas George told the Boston Globe that “This is just the beginning – we’re going to see months and months of higher numbers compared to years past … we think it’s going to be record-breaking.”
More than 12,000 people attended the Massachusetts Conference for Women in December 2017 where Shelley Zalis, CEO of the consulting firm Female Quotient, said “this is not a new story … the new story is that we’re using our voices and we feel comfortable now because we’re all rallying together.”
#MeToo Has Changed the Definition of Sexual Harassment
The traditional definition of sexual harassment is split into two categories – quid pro quo harassment and hostile workplace harassment. The official definitions as we know them today were developed in the early days when sexual harassment law necessitated that explicit definitions of what is and isn’t sexual harassment be recorded.
Quid pro quo harassment is described as “sexual advances, requests for sexual favors and other verbal or physical conduct, which the submission or rejection thereof become the basis for employment decisions or a term or condition of employment” by the Massachusetts Committee Against Discrimination. Hostile workplace harassment is defined as “sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature that have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment,” by the Massachusetts Committee Against Discrimination as well.
What #MeToo is showing us is that sexual harassment is more subversive than the type of behavior typically detailed in the standard workplace training video.
The conversation is changing to highlight that sexual harassment isn’t just overt groping and crude comments. Sexual harassment can involve any situation in which there is an unequal balance of power causing another individual to feel less-than due to their gender or personal attributes. The #MeToo movement is helping women everywhere to understand how to call out and name the oppression they are feeling as the result of uneven power dynamics in the workplace.
The movement shows us that the greatest power women have in battling sexual harassment in the workplace is their voices. #MeToo is reshaping the landscape of how employers are expected to respond to sexual harassment in the workplace.
As the definition and understanding of sexual harassment continues to evolve, #MeToo is teaching Massachusetts employers that office culture must evolve as well. In these days of heightened awareness, it is simply not enough for employers to teach their employees how to recognize behavior when it happens – #MeToo is teaching women to expect more from them. Rather than take a passive reactionary stance against workplace assault or sexual violence, #MeToo has turned up the pressure on employers to take an active role in fundamentally changing the office culture around employee dynamics and sexual harassment.
Michael O. Shea is an attorney with The Law Office Of Michael O. Shea. The firm has been serving the Greater Pioneer Valley area for over 25 years with a focus on sexual harassment cases.
