Talking About Workplace Harassment
Proposed Bill to Prevent Non-Disclosure Agreements Around Workplace Harassment
On June 29th, a bi-partisan group of lawmakers introduced the “Speak Out Act” which would prevent companies from using non-disclosure agreements as part of settlements between organizations and employees surrounding cases of workplace (sexual) harassment. Earlier this year, President Biden signed the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” into law, preventing organizations from requiring employees to forgo their right to a trial when bringing complaints about sexual assault or harassment, using behind-closed-doors arbitration (usually with an organization-selected arbitrator). Together, these acts/laws are designed to wrest power back from organizations and put it back in the hands of the employees and victims of workplace abuse and harassment.
Sexual harassment is likely much more common than one imagines, considering its broad definition which includes gender-based harassment. One predominant model (Cortina & Areguin, 2021) highlights that most sexual harassment comes in the form of put-downs (e.g., gender-based slurs, sabotage of employee’s work based on gender, crude comments) rather than explicit come-ons (e.g., coerced sexual activities or dates).
There are many reasons why these acts are important beyond sexual harassment being commonplace, but one comes from multiple meta-analyses of general workplace harassment, finding that it is the work environment that is one of the major contributors to the existence of workplace harassment (Bowling & Beehr, 2006). Organizations that are tolerant of sexual harassment put their employees at a higher risk of experience it (Willness et al., 2007), and companies that value respectful environments, even above and beyond not tolerating sexual harassment, help to prevent workplace harassment (Robotham & Cortina, 2019). Put simply: stressful work environments encourage workplace harassment and victimization. Moreover, qualities of the individual play a very small role in predisposing them to victimization, countering any arguments that it’s the victim’s fault or that they brought it on themselves. Why should organizations be able to coerce victimized employees into arbitration or predatory NDAs, when it is likely a systemic issue created by the organization’s policies and practices?
We also know that in-house attempts to handle sexual harassment through reporting systems (e.g., Cortina & Magley, 2003) are largely ineffective (because they go unused) if not harmful (because they result in retaliation). Similarly, trainings on sexual harassment are also largely ineffective at reducing sexual harassment or are harmful in that they perpetuate stereotypes and backlash against women (Magley et al., 2013).
Research also shows that sexual harassment and general workplace harassment increase your odds of experiencing future illness, assault, or injury (Rospenda et al., 2005). It can harm satisfaction with work, coworkers, supervisors, organizational commitment, productivity, psychological wellbeing, and health satisfaction (Harned et al., 2002). So this is not only a human and civil rights issue, but an economic and public health issue.
Last, we know that this burden is not borne evenly by all workers. Those with less social or economic power (Harned et al., 2002), and those who are gender minorities (particularly in a predominantly male organization; Cortina & Areguin, 2021) are at greater risk of being victimized. The very same risk factors that make one likely to be a victim of sexual harassment at work, also make one more susceptible to signing predatory NDAs or arbitration agreements. Shouldn’t the government’s power be used to protect workers, particularly those with the least power in this process?
Certainly we need more research on this issue, we need practical interventions that work to protect the vulnerable. BUT, right now, you can send a letter to your congressmembers telling them to support the Speak Out Act when they can.
A version of this newsletter has been converted into a pre-written letter you can send to your congressmembers by texting “SIGN PEMAZV” to 50409.
I know I, for one, want the science of I-O psychology to be used to inform policy and make workers’ lives better. This is an instance where the science is clear, that organizations need to be held responsible for enabling sexual harassment.
-Keaton Fletcher