Women's Issues

#MeToo: No, A Law Degree Doesn't Insulate You From Sexual Harassment

Just because lawyers are supposed to know the law, it doesn't magically make them follow it -- that's not how rape culture works.

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(Photo by Jemal Countess/Getty Images for Time)

If your Facebook or Twitter feed is typical, you spent your weekend looking at posts from friends and acquaintances — mostly people who identify as women, but non-binary folks and men as well — speaking up about their experiences with sexual harassment and assault. For those of you who lost your phone or are taking a break from Facebook, the typical post looked something like this, though some chose to share more details about their experience:

Me too. If all the women who have been sexually harassed or assaulted wrote “Me too.” as a status, we might give people a sense of the magnitude of the problem. #MeToo Please copy/paste.

Of course it shouldn’t be necessary for victims to have to publicly confess what happened to them in order for society to take the allegations seriously. But the president grabs women by the pussy and Harvey Weinstein only got fired after the chorus of women speaking out became a crescendo that was impossible to ignore.

As women know, and the viral social media hashtag should make abundantly clear, these are not isolated cases. No matter how smart you are, or where you work, or how you dress, it’s part of life for far too many of us. And when people do come forward with their stories of sexual harassment, the system is designed to make believing and assisting them as difficult as possible. That’s something Anita Hill, law professor and godmother of the modern understanding of sexual harassment, knows all too well. From her powerful op-ed this weekend:

Since 1991, when I testified about my own experience with sexual misconduct at Judge Clarence Thomas’ confirmation hearing, I regularly hear from individuals who have attempted to stop the abuse they face.

Some of those women worked for charities, politicians, religious organizations, businesses and schools that appear to promote equity and fairness. Yet in far too many cases, institutions actively fight substantiated sexual harassment and assault claims, provide cover for abusers and in some cases offer responses that blame the persons raising the claims – often in the name of protecting the institution’s brand.

The personal stories tend to be the ones that affect us the most, but the sheer numbers can be startling — as a basic fact sheet on sexual harassment in the workplace reveals. It’s no wonder an EEOC report found only about 30 percent of those who experience harassment formally report it — 75 percent of those who spoke out believe they were subjected to retaliation as a result:

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As the Weinstein case exemplifies, women often don’t come forward with their experiences out of fear of retaliation. These fears are very valid and well-founded.

“One 2003 study found that 75% of employees who spoke out against workplace mistreatment faced some form of retaliation,” the EEOC report found.

And just because lawyers are supposed to know the law, it doesn’t magically make them follow it — that’s not how rape culture works. And here at Above the Law, we hear stories of sexual harassment and assault all the time. The creepy late-night creepy back rubs that happen. The staffing of cases as if stocking a dating pool. The unspoken but understood sexual quid pro quo. All of that mess is not something the legal profession is immune to. Yes, even though you’re smart, even though you’re capable, even though it *shouldn’t* happen here.

That’s the disturbing notion that has also taken insidious root in the legal profession. That being smart enough or strong enough can somehow insulate you from sexual harassment or gender discrimination. It shifts the blame onto women for not being “good” enough to rise above or “allowing” herself be victimized. The ability to “hold your own” with male colleagues doesn’t disqualify you from abuse — and, importantly, you aren’t less qualified as a lawyer just because you’ve been sexually harassed or assaulted.

As Professor Hill says, we’re at a critical juncture:

This is a critical moment. It provides us the opportunity, in fact the obligation, to finally look seriously at the sexual harassment that 45% of employees – mostly women – in the private workforce say they experience, and recognize how culture contributes to sexual misconduct in workplaces and how bias gets baked into our policies.

In addition, public and private institutions must diversify leadership, engage those who care about equity and finally give more real power to those who have experienced inequality firsthand in order to stop devaluing women. And greater accountability throughout the complaint investigation processes is imperative. Where alleged offenders are company leaders, hiring outside, independent investigators is the only way to get trustworthy results.

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Now is the time for everyone to step up and take responsibility to do better — in our workforce and society.

headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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