Tag Archives: Sexual harassment

General, , , , , ,
Internet Freedom

Like so many other women I applauded when the #MeToo movement began. It offered long-awaited support for women whose career opportunities have been diminished as a result of sexual harassment and discrimination. The seriousness and volume of related headlines that continue to pour out worldwide have brought centuries of oppression and abuse to light. Organizations like the Equal Employment Opportunity Commission and RAINN are helping to turn this new awareness into serious change.

A lack of clear boundaries can cut both ways

The fact that these inequities are not always addressed by our legal system or workplace customs is part of the reason the #MeToo movement was so necessary. But that lack of clear boundaries can cut both ways. We are seeing too many men lose their jobs and reputations for situations that don’t rise to the level of sexual or other types of harassment. These situations can spring from accusations that a man engaged in borderline behaviors that deserve attention but not social condemnation. These men are being tried in the court of public opinion, often as the subject of anonymous blogs, articles and petitions. The products of this chaotic system will endure online as virtual convictions regardless of the how the situations were resolved.

I’ve spoken with several men who have faced such situations. I’ve also discussed this with female friends who have relevant experiences and expertise. Some of the latter include lawyers who specialize in employment and Internet law, and have led prosecutions into sexual crimes and trafficking. They agree that men are facing very uncertain territory, one that can also be unfair. Politics and social outrage have stepped in to fill a gap in our legal system. As a result, even a simple misunderstanding can have grave professional and reputational consequences.

Recognize This New Era…and Adapt

The next step forward will require a serious conversation about the spectrum of interactions that are not addressed under the law but that are considered improper under what are can only be seen as rapidly changing standards.

As long as these standards remain uncodified it leaves them open to be misused. If you are a male with power over others, you are in a position where you could abuse your authority. But you are also vulnerable. If a colleague reports an action of yours that offends anyone or raises any type of red flag, however nebulous, it may lead to more than just a (now virtual) conversation in HR. You may become a cost-cutting opportunity for your organization—or a headline in industry publications that you will never recover from.

The lesson here is well stated in a rule expressed to me by an employment attorney: If anything about your comportment does not appropriately represent the brand of your employer, you are making yourself vulnerable for dismissal. In your personal life, it is equally important to adhere to your ethics, or to reboot them. By protecting yourself you are protecting everyone.

We are in a new era and culture, and while it might be time to reconsider some of the changes, most are here to stay. All of us must adjust to that reality.

Shannon Wilkinson is the founder and CEO of Reputation Communications. 

 
 
Interviews with experts, , , , , , , , , , , , , ,
Katherine Lemire, Partner, StoneTurn

The #MeToo movement has sparked a national conversation about sexual harassment. We asked Katherine Lemire about the investigations used by organizations in response to harassment and criminal behavior.

A Partner at StoneTurn, former Federal prosecutor and previously Counsel to New York City Police Commissioner Raymond W. Kelly, Katherine and her team of experts assist businesses, government agencies, nonprofit organizations, and individuals in compliance, investigations, due diligence, risk mitigation, and dispute resolution.

You have overseen investigations into allegations of employee harassment. How common are they and at what point in the situation are you brought in?

It is difficult to say how common such investigations are because a proper investigation should be conducted in a confidential manner to the extent possible.  If the facts uncovered in the course of an investigation do not support the allegations, it is of critical importance that the reputation of the accused employee remain untarnished.  Even in those cases which result in findings supporting harassment allegations, the accuser also may voice concerns that he or she is not identified as the basis for the investigation.

In the best case scenario we are brought in soon after the allegations surface.  Federal law requires a prompt, thorough, and impartial investigation into allegations in the workplace.  Statutory requirements aside, prompt investigations serve as a bulwark against the inevitable erosion of witnesses’ memories.  Acting in a rapid, thorough, and unbiased manner when responding to allegations can also serve to boost the morale of employees who might otherwise believe that management does not view these workplace issues in a serious manner.

You have said that organizations are becoming more proactive about weeding out potentially illegal and unethical conduct before and after the commencement of a criminal investigation. Is harassment considered “criminal?” If not, does it signal potential criminal behavior?

Harassment can be considered criminal if it rises to the level of conduct violating law.  In New York State, for example, repeated unwanted contact, including repeated phone calls, can result in criminal charges.

Many corporations as well as government and non-profit organizations know they have harassment issues in the workplace. How could they have avoided that before making an important new hire?

Due diligence may reveal aspects of a prospective hire’s history which could serve as warning signs.  A solid due diligence investigation might include, for example, a review of the candidate’s social media postings, litigation history, and complaints filed with regulatory authorities.

What type of internal investigations does StoneTurn recommend for organizations to minimize and prevent harassment and similar issues?

The key focus should be on a prompt and thorough investigation conducted in an impartial manner.  Stalling in response to complaints and failing to interview particular witnesses could expose an organization to liability.  Likewise, to insulate itself from charges of bias and failing to conduct the investigation in a thorough manner, organizations should engage a firm specializing in this work to conduct the investigation.

A Partner with StoneTurn, Katherine Lemire is a former federal prosecutor in the Southern District of New York, where she investigated complex federal crimes. She also served as a prosecutor in the Manhattan District Attorney’s Office where she investigated and prosecuted a broad array of criminal cases from grand jury proceedings through trial. As Counsel to Police Commissioner Raymond W. Kelly, she provided advice and counsel on a wide range of sensitive matters affecting the NYPD, while overseeing management initiatives. Katherine and her team joined StoneTurn in 2018 after successfully operating Lemire LLC, a New York-based certified woman-owned business enterprise (WBE) specializing in compliance, risk and investigative matters, which she founded in 2013. 

This is the seventeenth in a series of interviews with experts whose work relates to online reputation management.

 
 
Crisis Management, , ,
Crisis management

As sexual harassment claims increase, damage-control strategies long used for celebrities are no longer working, reports the Washington Post.  Public relations experts are “struggling with the best way to protect celebrities’ image.” Diversion tactics are falling flat. And “in the current social-media atmosphere…even well-intentioned statements can be misinterpreted.”

A quick Google search of the issue indicates these reverberations are being felt in corporate America, too.