Workplace sexual harassment gained global prominence through Harvey Weinstein and #MeToo. Has your company learned the lessons?
Every business has the potential for problems with inappropriate employee behaviour. What has changed is the confidence and willingness of employees to speak up about it.In February 2020, after a lengthy trial, Hollywood movie producer Weinstein was handed a 23-year jail sentence for his predatory sexual behaviour.
Recently, Weinstein was sentenced to an additional 16 years behind bars after he was convicted of rape and three counts of rape and sexual assault against a European model and actress who testified anonymously. This effectively puts him in prison for the rest of his life.
The #MeToo campaign gained momentum and then gave women the support and encouragement to share their own experiences of sexual harassment.
The #MeToo movement led to 6 other convictions and five charges of prominent and influential figures in what is now known as the 'Weinstein Effect'.
For businesses in the UK, the Equality Act 2010 clarifies the rights of those who believe they've encountered harassment. It also clarifies the rights of those they're accusing of harassment. The Act defines harassment as "…behaviour which causes alarm or distress".
In a sexual harassment context, this is specifically defined as behaviour that either violates an individual's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. A person can be in breach if their behaviour intends to cause these reactions.
This behaviour is a serious matter, given that harassment is discrimination under the Act. The Act also imposes a duty on employers to stop such behaviour when identified.
Failure to do this effectively may end in an employment tribunal claim unless the employer can demonstrate they took reasonable steps to prevent harassment.
It's important to respond to allegations quickly, sympathetically and impartially - no matter how senior the position of the accused individual. In terms of policies and procedures, you also need to have a sexual harassment policy in place.
A company's sexual harassment policy should include:
Remember that your employees need to be aware of your workplace harassment policy and understand what constitutes harassment to ensure compliance. If you do not, be prepared for severe financial and reputational consequences.
According to the TUC, 7 in 10 (68%) people think the #MeToo movement has allowed people to be more open about sexual harassment. This number is highest amongst women (72%) and young people (78%).
However, the TUC also says that despite higher levels of awareness, cases of sexual harassment remain alarmingly high. Their research found that more than half (52%) of women – and nearly two-thirds (63%) of young women aged 18-24 years old – have experienced sexual harassment at work.
According to a recent poll conducted by STUC Women’s Committee, 45% of women have experienced sexual harassment at work. Furthermore, 85% of women surveyed say that their report was not taken seriously or dealt with appropriately by their employer. As far as we have come, there is still a way to go.
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