The news each day reveals yet another exploding bomb of new sexual harassment claims made against the most prominent figures in U.S. government, heads of giant media companies and popular television and movie personalities. In what seems to be an endless flood of accusations by women who claim they were harassed and accosted, in some instances twenty or thirty years ago by some of the most recognized and successful figures on the American scene, the public is stunned as careers of the powerful suddenly end in disgrace and reputations of the most prominent public figures are shattered.
Bill O’ Reilly popular conservative talk show personality of Fox TV, who hosted the most profitable program at the network and Roger Ailes, the CEO of Fox News for twenty years and who made it into the hugely successful company owned by the media mogul, Rupert Murdoch, were both forced to resign in disgrace amid claims of an institutionalized culture of pervasive abuse against women at Fox. It was impossible to imagine that such rich and powerful men would fall so quickly and so low amid credible accusations by dozens of women who claimed they were abused, some horrifically for years by these powerful men. Bill Cosby, comedian and beloved TV personality for decades, was accused by several women who recently came forward and said he drugged and raped them. Cosby recently stood trial for sexually assaulting a young woman who sought his guidance and advice in her career. The case ended in a mistrial but Cosby’s image as a revered public figure that was embodied in the respectable character, Dr. Huxtable, on the Cosby TV sitcom, is forever shattered. Movie producer, Harvey Weinstein, owner of Miramax, whose film credits include Shakespeare in Love and other Academy Award winning movies was accused in October of a long history, reaching back to the 1970s, of accosting and raping young women. Weinstein arrogantly told a young rape victim who threatened to take legal action against him that he was just too powerful and she could do nothing. He told her “I know the President, who do you know?” Weinstein was recently fired from his own production company and expelled from the Academy of Motion Pictures and other prestigious organizations. Criminal investigations against him by various police departments into the numerous claims of sexual assault are ongoing.
Roy Moore, the controversial former judge from Alabama, who was removed twice as justice of the Alabama Supreme Court, is a candidate for the U.S. Senate, a seat formerly held by Attorney General Jeff Sessions. Moore has spoken in support of white nationalists and is a neo confederate. Nine women have recently come forward who accuse Moore of preying upon them as teenagers, one just fourteen years old at the time, when Moore was in his thirties and was a local District Attorney. President Trump endorsed Moore as a candidate but is himself facing accusations of sexual assault by nineteen different women. One said he accosted her when she was a contestant on Trump’s TV show, The Apprentice. She sued Trump for defamation, claiming that Trump called her a liar when she came forward with the claims of assault against him. Both Moore and Trump adamantly deny the many credible accusations against them and say that it’s all based on a false campaign by liberals and the media to damage and obstruct the Republican agenda. Trump bragged in the famous Access Hollywood tape that he could grab women by their genital area simply because he was as star. Al Franken, U.S. Senator from Minnesota for the past 8 years, announced he would resign his seat after several different women described incidents several years ago when he touched them inappropriately or tried to kiss them against their will. The Democratic leadership wants Franken to resign so that they can claim the moral high ground in the 2018 Congressional elections. Trump and the Republican National Committee are supporting accused pedophile, Moore, and Democrats hope that women and independent voters are outraged and swing the election to the Democrats. Congressman, John Conyers, the eighty-eight year old Michigan Democrat, longest serving member of the House of Representatives and the founder of the Congressional Black Caucus just announced his retirement as he faces several sexual misconduct accusations. Since 1997 Congress has paid more than $17 million Dollars from taxpayer money to settle hundreds of work place claims including sexual harassment, including by members of Congress. The problem is clearly nonpartisan.
Why is there a sudden flood of claims of sexual harassment and why have so many women now come forward to accuse their abusers after remaining silent for so long?
Sexual harassment in the work place has always existed as long as men and women have worked together. Since the 1950s women have entered the work force in large numbers and many are career professionals, a significant departure from the early Twentieth Century when the only socially accepted career for a woman was a teacher or nurse. Today more women than men attend medical and law schools. In 1966 eighteen percent of professionals were women, today they comprise fifty four percent. Women have long suffered in silence while supervisors, bosses and co-workers made lewd comments, sexual jokes, asked inappropriate questions about their personal lives, asked them to go on dates and violated their dignity by unwanted physical contact or even accosted them.
It was just accepted as the norm in the work place and women who wanted to keep their jobs knew that they had to remain silent and tolerate the indignities and even physical assaults. Like all political and civil rights that have been won by women and other groups, including African Americans and the LGBT community, the battles are fought and won, not in a few years, but over generations. The perceptions and values of Americans evolve, but ever so slowly. Women fought for decades to gain the right to vote. The right of women to equal pay and the fight to end the disproportionate number of men in management and executive positions are ongoing struggles.
Everyone knows that it’s wrong to sexually harass a co-worker or subordinate, but it’s been socially tolerated for too long. Few have been willing to step forward to confront the abuser or to complain to management.
Most companies have policies against sexual harassment but they are rarely enforced, even in the largest corporations. In the U.S. one in three women say they have been sexually harassed in the work place. The industries that have the highest incidence of sexual harassment are finance, banking, hospitality and education. In agricultural occupations, eighty percent of female farmworkers say they have been sexually harassed. Many are undocumented workers and supervisors use that status to attempt to coerce them.
Since the 1960s employees in Florida have been protected by both state law and federal law that prohibit sexual harassment in the work place. The U.S. Equal Opportunity Employment Commission, EEOC, defines workplace harassment as “unwelcome sexual advances, request for sexual favors or other physical harassment of a sexual nature.” Harassment is illegal “when it is so frequent or severe that is creates a hostile work environment” or when it results in the worker being fired or demoted or the victim quitting the job. The harasser is usually in a position of power over the victim. They promise the victim better work conditions or promotions for complying with the harasser’s desires. Refusing can result in demotions, harder work conditions or firing.
Women who have been victims of sexual harassment, assault and rape and who have kept silent for years, now feel empowered by the brave women who have come forward, unafraid and who speak in a loud, clear voice against their abusers. When Roy Moore from Alabama decided to run for the U.S. Senate, one or two women who were abused by him when they were very young spoke out, maybe believing that the public should know the lurid history of this man who wants to represent the people of Alabama in Washington. When Moore denied the accusations, other women, who were also abused by Moore as teenagers spoke up, nine women in all.
Women are no longer afraid to speak out for their right to live in a society and work in an environment free from abusers who have been unaccountable too long. The most powerful abusers have fallen through the courage of ordinary women. American men and women are now listening to them. It is a big change and long overdue.
Brent Probinsky is a Sarasota lawyer who has represented women in sexual harassment law claims.
By Brent Probinsky
