The one best idea for ending sexual harassment
Today, more than 60 million Americans have arbitration clauses in their employment contracts, eliminating their Seventh Amendment right to a jury trial. Arbitration clauses can be required as a condition of employment — and they’re a harasser’s best friend. Forced arbitration keeps proceedings secret and allows predators to stay in their jobs, even as victims are pushed out or fired. Forced arbitration also silences other victims, who might have stepped forward if they’d known.
These clauses are unjust and un-American, and the Ending Forced Arbitration of Sexual Harassment Act restores victims’ right to a jury trial. Under the act, victims can choose arbitration or court. This is the only way to ensure claims can be made public.
.. Congress should apply the same standards for sexual misconduct that it does to violations of securities law.
.. After the Enron and WorldCom frauds devastated the retirement funds of numerous investors, Congress responded with the Sarbanes-Oxley Act of 2002, which has helped restore investor confidence through better corporate governance, stricter reporting and enhanced whistleblower protections for employees who report fraud. The law also requires corporate officers to sign certifications, under penalty of perjury, attesting to their companies’ compliance with securities laws and maintenance of internal controls that work to identify violations.
.. Legislators, too, should have to attest annually to their offices’ compliance with sexual harassment laws and to disclose sexual harassment settlements (while shielding the identities of the victims). Changes like these could have uncovered the sexual harassment scandals at 21st Century Fox, which employed Roger Ailes and Bill O’Reilly, or the congressional practice of paying out confidential settlements with public money, much more quickly.
.. IN THE FIREHOUSE: Recognize the message sent by vulgar language
In our agency, you have to lead by example. Discipline is important. When those in positions of authority are crude in conversation, it fosters an environment that makes it easy for misconduct to happen. Vulgarity in language, even if inappropriate touching never happens, trickles down throughout the organization. If people in a position to lead and make decisions constantly curse and joke about sex while playing down complaints about harassment, it sends the message that harassment is not a problem — and that everyone else should feel the same way.
.. There are state and federal laws covering various forms of harassment and workplace safety. But without an enforceable mechanism that protects workers from retaliation for reporting dangerous workplace conditions, as in a union contract, those laws are repeatedly violated.
Nurses can be targeted not just by direct supervisors but also by doctors who are viewed as rainmakers by their hospital employers, who increasingly put their bottom lines ahead of the well-being of nurses and other staff. Management will commonly close ranks with the harasser — not with the target of the abuse.
Nurses who object to sexual misconduct can endure retribution, such as being reassigned to less desirable schedules or to clinical areas in which they have less expertise.