[/caption]19 years ago sexual harassment discussions were uncommon, as women had long since learned that a certain amount of the behavior came with the job. It was the Clarence Thomas vs Anita Hill affair that launched the movement to change the atmosphere of the workplace so both men and women could define acceptable parameters of interaction on the job, but was that sufficient for employment justice and for a safe presentation of grievances when someone steps outside those parameters?
Clarence Thomas was under consideration for appointment as a judge on the Supreme Court those 19 years ago when he faced his accuser, Anita Hill, during Congressional hearings. Hill claimed in great detail how Thomas had made sexual overtures to her over a period of 10 years. Despite a lengthy and detailed testimony, Hill’s assertions were undercut by the political climate, as her own character was assailed while Thomas received his appointment. So while sexual harassment became part of the modern conversation about workplace issues and the law became more specific in its definitions, the memory of Anita Hill remained with the women of the time as the ultimate lesson. In other words, the definition of sexual harassment became a common concept, but establishing the veracity of the victim continued to be difficult.
Herman Cain’s accusers claim sexual harassment, just as women have in other high profile cases. But it’s the ordinary woman in the ordinary job that continues to live with the issue, as the new economy has brought old problems into the public again with Herman Cain, a Republican candidate for President of the United States opening the door once again to the discussion about sex and power. These days, however, as finances dictate women working in great numbers, most still under male supervision, sexual harassment continues while many women fail to report the problem for fear of losing jobs.
How prevalent is the problem of sexual harassment? Experts tell us that only an estimate can be given because many women fail to report the issue. The benchmark, however, for litigation was established some years ago. According to studies by Louise Fitgerald, PhD, it is believed that approximately one-third of women in the United States experience some form of sexual harassment at some time in their working years. Fitzgerald, PhD found 40 to 60 percent of women in the companies she studied experienced some form of sexual harassment.
Sexual harassment is not just a problem in the United States but in other regions of the world as well. In Europe, for example, it is estimated from six research studies that women experience sexual harassment at between 45 and 81 percent while those who proced to report it are between 5 and 22 percent.
A private investigator who works with sexual harassment victims explains the nature of sexual harassment as this: “In simple terms, harassment is any type of verbal or physical contact that is first unwanted and then continues, despite your protests. Although we usually think of it as sexual, harassment can involve any type of derogatory or offensive comments or actions that are either directed at you or are made in your presence and inhibit your work environment or affect your productivity. Basically, harassment consists of language or action that has crossed the boundary from tolerable to offensive.” He also observes that sexual harassment isn’t just confined to the boss but one’s co-workers as well. He goes on to discuss that many women fail to report the problem because of their fear they won’t be believed. It is that reminder from the Thomas-Hill arguments, and Anita Hill’s public humiliation, that continue to worry women that they too will become victims of that same demoralizing response to their claims.
A recent article in Forbes magazine points out the most telling factor involved in sexual harassment claims. “ On some deep and abiding level we still don’t trust women when it comes to matters of sex, and we still don’t accept sexual harassment as serious unless it is an exacting quid pro quo.” The author points out that since the accusations of sexual harassment made public regarding Herman Cain, many readers continue to see the issue as frivolous.
So while the number of filings of sexual harassment have increased since the Clarence Thomas hearings years ago, the problem remains today as it was then, a matter of how the culture views the issue and how serious it is for the people involved.