FEATURE
HOLLYWOOD PUTS HARASSMENT IN THE SPOTLIGHT
As further allegations have emerged about sexual harassment cases in Hollywood, it appears that each of the alleged perpetrators have exploited their status and
position of power to sexually harass those around them. Karen Holden founder of A City Law Firm explains what you can do to protect yourself and your employees.
As employment lawyers in London, we sadly see the worst of these incidents both inside and out of the workplace, and fear is usually what breeds silence; fear of losing your job, not being believed and even facing reprisals.
A person can also face humiliation, embarrassment and shame when these incidents happen, which is entirely natural but unacceptable. Victims of harassment are often in need of support and help to report these matters, but they are often isolated, scared or unsure of their rights.
In 2016 the Trade Union Congress, in association with Everyday Sexism, released a scathing report stating that on average 52% of women in the UK experienced some form of sexual harassment in the workplace. With younger women aged 18-24 experiencing this at a much higher rate. The most concerning fact of the report was how few women reported acts of sexual harassment, and from this minority, only 10% felt that their situation improved.
So, what is sexual harassment? The Equality Act of 2010 defines it as “unwanted conduct of a sexual nature, which has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment”. This conduct can include jokes, physical contact and everything in-between. It can be given by phone, in person, email or even out of a car window. However, you don’t have to actually be the direct victim of the ‘act’, but if you are also scared or disturbed by the action and likewise feel harassed even from
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across the room you should report this as sexual harassment.
“THESE INCIDENTS ARE ALSO
CRIMINAL ACTS AND SHOULD BE
REPORTED TO THE POLICE.”
Often people don’t understand that these incidents are also criminal acts and should be reported to the police, but people are often too afraid of the repercussions or unsure of their rights. Someone exposing themselves or assaulting you is a criminal act, harassing you aggressively with unwanted sexual comments that places you in fear is a criminal act and following you home from work, is a criminal act.
Sadly, a large majority of these incidents actually occur in the workplace so intimidation is often used to quieten the victim; as such it’s often a place where sexual harassment is ignored or dismissed. The problem faced by many employees is the desire to be free of sexual harassment versus the desire to pursue a successful career and not ‘rock the boat’. The vast majority of people polled, in the above report, had experienced sexual harassment from a colleague, with nearly one in five
stating that it was someone with direct authority over them.
WHAT SHOULD YOU DO? Firstly, keep a diary and record everything including times, dates and comments made. Evidence is key in establishing any case, and even though many acts of sexual harassment occur without an audience or witnesses, recording this information could lead to evidencing the bigger picture; retain photos/ medical evidence if you are depressed or if you have suffered physical contact; save emails, make notes of conversations and write down the names of individuals who may have overheard or seen the action.
You may not be the only person that has been targeted and therefore the evidence you supply could be supported by other colleagues. Try not to be alone with your harasser, remain in sight of other people, tell the individual to stop. As difficult as it may be, directly telling the individual that you do not tolerate this behavior makes it clear that the action is no longer a joke. Doing this publicly further supports your position. Remember, if the facts remain unclear after a thorough investigation the decision will rest on what a reasonable person would conclude in light of the evidence.
If you don’t feel like you can tell your superior, then tell someone you trust in the office or if your office has a HR department, start there. This may also be difficult, especially if the person is in a senior position in the business. Doing this verbally may informally resolve the situation. However, if this is not the case you
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