Language, jokes, and teasing are among the most prevalent types of workplace sexual misconduct employers are facing today, followed closely by comments about looks, dress, or physical appearance, according to a national survey of prominent U.S. employment law firms including Baltimore’s Shawe Rosenthal LLP.
Conducted by the Employment Law Alliance (ELA), the world’s largest and most geographically expansive network of labor, employment, and immigration attorneys, the #MeToo/Sexual Harassment in the Workplace Survey also found that emails and texts are the most common methods employees use in perpetrating sexual harassment, while more than 70% of respondents reported that employers have concerns that there is a “rush to judgment” when harassment complaints are made.
“These results suggest that, while some companies have taken steps to assure a safe workplace, sexual harassment remains a significant workplace issue,” says ELA member Teresa Teare, a partner at Shawe Rosenthal who represents employers and management in labor and employment-related litigation. “The good news is most employers already take these issues very seriously and have policies in place to protect workers.”
ELA’s survey was sent to the organization’s U.S. employment lawyers during February 2018, resulting in 382 responses from all 50 states, the District of Columbia, and Puerto Rico. The data includes reflections on the workplace based on the attorney’s interactions with major employers across the country and in nearly every industry.
Other major findings of the #MeToo/Sexual Harassment in the Workplace Survey included the following:
70% of respondents said that alcohol use among employees has played a part in fostering harassment;
46% of respondents indicated that employers are not taking sexual harassment training, prevention, and response seriously enough;
More than 60% of respondents reported that employers have experienced complaints resulting from office romances;
57% of respondents were either slightly concerned or very concerned that the #MeToo movement would create a backlash against women being promoted or hired.
Given those results, it was perhaps not surprising that non-fraternization policies are only “somewhat common” in the workplace. Nearly two-thirds of respondents answered “No” when asked if they recommend employers adopt such policies.
Despite the lack of non-fraternization policies, 23% of survey respondents indicated that it was somewhat common for managers to refuse to travel, dine, or meet behind closed doors with colleagues of the opposite sex. Citing the “Pence Rule,” the survey concluded that this finding is significant given concerns that women will face a backlash in the workplace.
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About Shawe Rosenthal LLP (http://www.shawe.com/)
Shawe Rosenthal LLP has a national reputation as management’s workplace lawyers. Celebrating its 70th anniversary this year, Shawe Rosenthal represents and advises management in employment and labor law matters. The firm’s clients range from Fortune 100 companies to smaller businesses and non-profits in a wide range of industries. Its practice includes both litigation and preventive measures. Shawe Rosenthal’s tenacious, results-oriented approach produces results in the courtroom, respect in agency proceedings, and sound, proactive guidance in workplace policy.
