Sexual Harassment at Work and in Law

Monday 21 May 2018

There has been a lot of media coverage about sexual harassment at and outside work, and in law.

For some time now, there have been protections against sexual harassment under Employment Law. Employers have been required to take proactive steps to protect their employees from sexual harassments by other employees, management, or clients.

What has emerged recently in the media is the reality that in practice very few people are willing to raise these claims at work or outside for many different reasons. Often, by raising these claims, it will disadvantage the complainant in some way, whether in their career or socially. In addition, many of those who carry out sexual harassment may be in a position of power, which had led to a complicity of silence.

There seemed to be a lack of willingness to accept that the behaviour is not only unacceptable, but widespread. What I have read suggests that sexual harassment is found everywhere, and not limited to work or even law. The reality is that where there is an imbalance of power, there is always room for abuse of power. That applies regardless of gender, race, or sexual orientation. No question that power has historically lied in the hands of the middle aged white male in the Western world. But it is too easy to condemn them and forget the role of each one of us. The recent “Me Too” movement shows that we have been too reticent, too individually focused, and too complacent to stand up to those who hold power, or put in place checks which may challenge the power balance.

It is especially sobering to read that lawyers of all people have had problems in this area for a long time, and the extent of the problems. Law is a hierarchical profession and this hierarchy has been accepted too readily in the past, so that those at the top of the power hierarchy feel that they have the monopoly to behave as they wish.

It is, however, up to each and all of us to raise these issues and to keep challenging what is acceptable. Some have paid the price of speaking up. We must ensure that we as a society do not tolerate that. As a lawyer I am especially keen for the legal profession to have a change in culture, to call out behaviour which is unacceptable.

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