SPRING 2018 TODAY’S GENER AL COUNSEL
WORKPLACE ISSUES
#TimesUp By Jennifer Robinson
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arvey Weinstein. Kevin Spacey. Charlie Rose. Bill O’Reilly. All powerful persons. All financially successful persons. All accused of sexual harassment and/or sexual assault over extended periods of time. And all have fallen from grace quickly and have been terminated from their jobs. Why was this allowed to go on as long as it did? Some say it is because these men were so powerful and financially successful that their employers were willing to look the other way and their victims were afraid or ashamed to say anything. Others say it is the “culture.” So what finally brought this problem to a boil in 2017? The Silence Breakers and #MeToo. As the New York Times so eloquently put it, “He said. She said. She said. She said. She said. She said.” The truth won’t be silenced anymore, and the truth has a big voice. So what does that mean for your company? In short, it means #TimesUp. It’s time to ensure that your company has a strong policy prohibiting sexual harassment in the workplace and that the policy is vigorously enforced. Now. It starts at the top. Leaders are the organization. When a leader speaks, the
Jennifer Robinson is the office managing shareholder of Littler Mendelson’s Nashville office, and co-chair of the Food and Beverage Industry Group. She counsels and defends employers on a wide range of matters, conducts high-level workplace investigations and follows up with appropriate training. jenrobinson@littler.com
organization speaks. When a leader acts, the organization acts. When leaders fail to act, the organization has failed to act. Your company’s leaders must show with words and actions that they will not tolerate sexual harassment in the workplace. Permitting a “culture” of sexual harassment is not acceptable. The organizational risks of failing to address sexual harassment include: • Adverse publicity. • Damaged reputation. • Client complaints and dissatisfaction.
• Employee complaints. • Turnover. • Loss of trained and effective workers. • Decreased morale. • High legal costs to resolve formal complaints. WHAT IS WORKPLACE SEXUAL HARASSMENT?
One form of sexual harassment is “economic harassment,” often referred to as quid pro quo. It is an abuse of power that typically involves a threat or promise of a benefit linked to sex. It