By John Johnson II
Sexual harassment charges are on the rise and flooding media networks. The alleged victims are almost always women, and the defendants are men. Women, not necessarily by choice, instantly become media stars. All the major networks rush to schedule live interviews where the victim is treated as though it’s a dress rehearsal for a part in a movie. Often, the victim is young, attractive and well composed. Yet, some have grown older and retired, but still choose to reveal their story through a book deal or before TV cameras. Sometimes it’s to support the most recent alleged victim.
Given there are multiple forms of employee harassments that occur in the workplace, this article only focuses on sexual harassment.
It shouldn’t be assumed that the age of victims mitigates the seriousness of the allegation. A woman stands to be wounded twice by sexual harassment. Once by reporting the allegation and again by the horror of retelling the incident.
The defendant’s character, likewise, will literally be damaged by an allegation of sexual harassment. Usually, the defendant is a man. Even though his character is wounded, he is also sought after by networks to give his side of the story. Following the advice of his attorney or conscious, the defendant flatly denies the allegation.
Governor Cuomo did both. He denied it. Then later offered a sympathetic apology for his lack of awareness that his behavior or speech was misconstrued as bordering on being sexual harassment. Chris Matthews, former MSNBC anchor, chose to acknowledge his deserving wounds to his character and retired. Matt Lauer, former Today Show Host, wasn’t as lucky. He was fired by NBC.
In order to shield one’s character as well as livelihood from the consequences of a sexual harassment complaint, it’s extremely vital that both probable victims and defendants become thoroughly knowledgeable of the Equal Employment Opportunity Commission Regulations (EEOC). However, before and surely after reading the Regulations, men must always respect others, especially women. He should remember the following:
- Keep hands to yourself unless it’s a handshake; no touching of any body parts.
- Resists casual sexual desires.
- Avoid complementing appearance, stick to performance.
- Ask another Executive Officer for a critique of your behavior and speech toward women and men. All speech isn’t free.
- Refer anyone to Human Resource Services (HRS) whose behavior constitute sexual harassment.
- Keep a copy of your paycheck and regulations in view as a reminder of the consequences of a deviant moral compass.
A woman’s tasks of shielding herself against the sexual harassment’s double edge sword requires tenacity and perseverance. Still, she can and should do the following:
- Demonstrate professionalism and ethical character, as well as knowledge of (EEOC) Regulations, refuse outing that appear to be a date;
- Give a direct response that you’ve been warned;
- Inform the offending person orally or in writing using an email that the conduct is unwelcomed, offensive and must stop; and
- Notify the (EEOC) Department if the improper behavior persists.
However, it’s important to note that the (EEOC) requires an individual to file a charge within 180 days of the last incident of harassment. But state laws may overrule (EEOC’s) Regulations and extend the statute of limitations to 300 days from the last incident of harassment.
Anyone is out of luck filing a complaint with the intent of suing for damages if they fail to adhere to the specific timelines. It’s ironic that many female victims of sexual harassment disregard (EEOCs) statutes of limitations. But strangely, alleged victims tend to publicize their allegations through the networks or friends when their stress level or conscious demands venting. Then again, it’s sometimes appears triggered when the alleged defendant is being considered for a career change or is highly profiled in the news for another offense. Even rape, which is a felony, has a statute of limitation ranging from 3 to 30 years in some states.
If the complainant is a woman, support from the public and media is more in her favor. It intensifies should other alleged victims come forth. These new victims can even be men alleging they were subjected to some form of workplace harassment. Cuomo, once considered a hero, has been wounded by at least six new allegations. He’s having to bandage his wounds and mount a defense against those calling for his resignation.
A preponderance of unsubstantiated allegations should never be used to force an alleged defendant from his/her office or job. Just because a sexual harassment complaint is filed doesn’t mean it’s valid. Valid or not, the defendant’s reputation is scared by an alleged sexual harassment allegation.
Finally, the following tangible evidence necessary to confirm or deny an allegation of sexual harassment should be collected:
- Recorded inappropriate phone calls/ messages;
- Forwarded inappropriate emails, notes, pictures, gifts, and;
- Filed complaints submitted to (EEOC).
All employees must be protected from all forms of workplace harassment, especially sexual. However, the defendant must be considered innocent until proven guilty of all allegations. Remember, an allegation of sexual harassment is like a double edge sword.
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