Roger Ailes Lawsuit and Other Sexual Harassment Cases Spur More Employees to File Claims

Lawsuits filed by high profile victims often spur other workers to file sexual harassment claims against their employers, encouraged by their willingness to step forward.
By Ellen Chang ,

Lawsuits filed by high-profile victims often spur other workers to file sexual harassment claims against their employers, encouraged by their willingness to step forward.

Sexual harassment has been brought to the national forefront as Fox News co-founder and CEO Roger Ailes has been accused by Gretchen Carlson, a former weekday anchor, of sexually harassing her, among other unnamed employees, according to media reports. Carlson had said publicly that she was fired for rejecting his sexual advances.

Ailes, the chairman of Fox News, is in "advanced stages of discussions" with 21st Century Fox, the parent company of Fox News, about leaving the media company with a reported $40 million parachute, his lawyer Susan Estrich told the New York Times on Tuesday.

While sexual harassment in the workplace remains pervasive, many victims are more fearful of repercussions such as losing their jobs and opt out of filing lawsuits. The majority of cases are not reported even though this widespread issue is most problematic for women in the lowest paying fields and even in high-wage male-dominated industries, affecting one out of every four working women in the U.S., said Fatima Goss Graves, vice president for education and employment at the National Women's Law Center, when she testified before the Equal Employment Opportunity Commission (EEOC) in January.

"There are consistent reports of sexual harassment that go unaddressed," she said. "Whether suffering harassment from supervisors, co-workers or third parties, most victims of harassment are still suffering in silence."

Signs of Sexual Harassment

Sexual harassment cases in the workplace range from minor jokes and a slightly hostile workplace to overt touching, which is "nothing less than a sexual battery," said Peter Ticktin, a senior partner at Ticktin Law Group in Deerfield Beach, Fla.

The perpetrators wind up having an upper hand over the employee and even worse, there is a "perceived power where sexual benefit may be sought and obtained by the misuse of that power," he said.

The bottom line is that wrongful conduct will never be stopped or fixed unless the perpetrators "understand that it is going to cost them more than it is worth," Ticktin said.

"Sexual harassment is no laughing matter, except to the insensitive self-gratifying boss or superior, who has no clue as to the harm he or she is committing," he said. "This is a process which can never be relaxed. The day we stop making companies accountable, companies will start to slip."

Employees who are approached with sexual advances often fear immediate reprisals from spurned co-workers. Victims often feel they will miss out on opportunities for advancement if they fail to comply with sexual advances, said April Masini, a New York- based author and relationship advice columnist.

"The advances don't have to look like assault — they can be generous and romantic dates," she said. "The problem is that if the victim declines or declines sex after dinner, there are consequences that affect work."

Prevention of Harassment

When employees witness signs of sexual harassment, they need to be proactive and report the incidents instead of ignoring it.

"Call it out," Masini said. "If you see it, don't sweep it under the rug. Talk to a boss or a human resources department and follow up with an email documenting the conversation so the issue doesn't fall through the cracks."

Determine what the rules are at your office from the human resources department if you have decided to date someone at work and be cautious in separating your work goals from your romance. Some companies may require you to disclose when you are dating a colleague or manager in order for them to protect you and themselves against unfair situations. Ask if your company has this type of work structure.

"A simple break up at work makes your workplace an emotional minefield," she said.

Lack of Lawsuits

While there are legal protections for victims of sexual harassment, the threat of facing a reprisal is what prevents many employees from reporting incidents, said Sam Cleaver, an attorney who represents victims of sexual harassment in Los Angeles. Many women are concerned that filing a lawsuit hinders their ability to get another job.

"If you complain, you can be retaliated against - do you want to have a great lawsuit or a great job?" he said.

Women who are executives are less likely to bring a sexual harassment lawsuit, because the personal nature of these cases and having your life critiqued by juries and lawyers is tough, said Nannina Angioni, a partner with Kaedian, a Los Angeles-based law firm.

"It's a competitive field and once a woman obtains an upper management position, she's not going to risk losing it or possible retaliation for speaking out," she said.

At some companies, all of the employees sign an arbitration agreement, which means any disputes are settled privately, and there is usually no option to appeal. While arbitrators are theoretically independent individuals who are appointed to settle disputes, there is a potential conflict of interest because the employer pays for the arbitrator. The arbitrator has a vested interest in generating repeat business from the employer or its lawyers, Cleaver said.

A lack of lawsuits means that these cases and the employers and harassers are not being publicized and the law is not "being pushed forward," he said. "In some of these cases, sometimes you win by just bringing the case to court."

Employees who have a good chance of winning their case will have obtained evidence such as emails, photos, cards, witnesses and employee reviews, because it adds credibility to their case, Cleaver said. Nine out of ten lawsuits are settled, but don't count on a large settlement.

Many companies still fail to enforce and communicate their sexual harassment policy, said Steve Paskoff, CEO of ELI, an Atlanta-based workplace training company.

"Many are not really preventing the misconduct," he said. "If it is a strict policy but there is no evidence that it is enforced, the effect on employees is going to be cynicism, criticism and distrust."

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