The Personal Website of Mark W. Dawson

Sexual Harassment

Sexual harassment has once again reared its ugly head in the public conscience. With the alleged incidents involving entertainers, media icons, sports figures, and politicians in the latter half of 2017 and 2018, this observation needs to be addressed. Let me state that actual sexual harassment is morally, if not legally, wrong. It should not be tolerated when it occurs, and all efforts must be undertaken to punish the perpetrator. It is a violation of the victims’ human rights that they are sexually harassed. 

Sympathies must be accorded to the victims, and there must be efforts undertaken to redress their grievances and make right the harm they have suffered. However, we must remember that not all allegations of sexual harassment are factual. Even credible allegations of sexual harassment can eventually turn out to be false. In the vast majority of cases of allegations of sexual harassment the allegations are probably true, but in many cases they are false. Therefore, you should not jump to the conclusion that a sexual harassment allegation, even a credible allegation, is necessarily true.

It should also be remembered that not all sexual harassment is actually sexual harassment. A person assertively, or aggressively, pursuing another person may make the pursued feel uncomfortable, ill at ease, or disquieted, but it may not rise to the level of sexual harassment. Circumstances, actions, and words must be considered to determine if it was actually sexual harassment or simply improvident, crude or doltish behavior of the pursuer. When the alleged sexual harassment occurred during the youth of the alleged harasser you also need to take into account my observation of “The Sins of the Fathers and of Youth” when judging a young person's behavior.

We must also keep in mind human nature. The male human nature is to be stimulated sexually by the visual (as all good marketers know and utilize). It is perfectly acceptable for a woman to dress attractively, even somewhat sexually, in the workplace or at public places and not be sexually harassed. However, there is a fine line between dressing attractively and sexually and dressing provocatively. The question of what is too much décolleté, too high a skirt or dress, and too tight-fitting clothing that it will provoke the male sexual response needs to be considered. Dressing provocatively has its time and place, but the workplace is not the time or place to dress provocatively. Unfortunately, I have observed many times when I considered a woman in the workplace dressing provocatively, and it has elicited the male sexual response to negative consequences. An appropriately dressed woman should never be sexually harassed, but an inappropriately dressed woman should be discouraged or rebuked (and reprimanded when in the workplace) but not be sexually harassed.

Flirting in the workplace will happen. It is the nature of men and woman to flirt with each other, especially if both parties are unmarried or unattached. Having men and working together, and in close quarters, will lead to flirting. The question is it innocent flirting or serious flirting, and how much and what type is acceptable in the workplace. Complementing a woman on how nice she looks or the attractive attire she is wearing, if kept to an innocent level, is to be expected (and I would hope that a woman can complement a man on his attire if it is kept innocent). Serious flirting in the workplace should be discouraged and reprimanded, as not only could this be considered sexual harassment, but it can and often makes the co-workers feel uncomfortable and possibly feel being put at a disadvantage in hiring, promotion, and pay increases.

Men and women in the workplace will be attracted to each other and may form relationships while working together or in the same location. Indeed, some social scientists believe that a workplace romance leads to marriage in about 10% of the workplace romances (my experience is that this number may be too low). It can also lead to divorce if one or both parties are married to another person. Workplace romances are going to happen no matter if it is discouraged. This is simply human nature to become involved with someone you spend many hours with. But a workplace romance, and perhaps a breakup, is not sexual harassment. If both parties, freely and without pressure, voluntarily engage in a workplace romance it cannot be harassment. A workplace romance that ends badly can often lead to alleged sexual harassment. In such case, you need to carefully consider the circumstance of the initial hook-up to determine if both parties, freely and without pressure, voluntarily engage in a workplace romance. If so an allegation of sexual harassment is not warranted. However, if both parties continue to work together after the breakup then you need to be concerned about the possibility of sexual harassment after the breakup. It would be best, under these circumstances, if the employer can separate the parties as to not allow for the possibility of sexual harassment in the future.

Allegations of sexual harassment should not be made nor taken lightly or hastily by anyone - by the accuser, the accused, the witnesses, or the person(s) responsible to investigate and determine the truthfulness of the allegation. Sexual harassment allegations should also not be made public by the accuser, witnesses, or investigative persons without credible, verifiable, and substantiated evidence of wrongdoing. Some of the greatest authors, screenwriters, and playwrights have told very credible and believable stories. This is one of the reasons that they are great. While their stories are credible and believable it does not make them factual. For something to be factual it needs to have verifiable and substantiated evidence. For an accuser to be only be credible or believable is insufficient to determine if sexual harassment has occurred, as there must also be verifiable and substantiated evidence of wrongdoing by the accused. In the determination of actual sexual harassment the accused has every right to defend themselves. This includes confronting the witnesses against them (including the accuser), having access to the evidence against them, presenting evidence to the contrary, and even calling into question the accuracy and veracity of the accuser, witnesses, and evidence. Let us also remember that no one need prove their innocence, as they are presumed innocent until they are proven guilty. Also, nobody may be required to prove a negative (prove you didn't do or say something) as it is impossible to prove a negative, and the burden of proof is always upon the person or persons making an allegation. To not give the accused the opportunity to challenge sexual harassment allegations is to violate their rights, including their human rights. In no case should allegations from undisclosed or anonymous sources be revealed or given any weight in the determination of actual sexual harassment, as these sources cannot be refuted. You should also keep in mind my thoughts on "The Rule of Law" when dealing with allegations of sexual harassment.

The above is true not only in a legal proceeding but also in our public actions and in the court of public opinion. Remember that the accused stands to lose their reputation, employment, wealth, future opportunities, and even family and friends based on sexual harassment allegations. These items should not be lightly taken from anyone without proof of wrongdoing. To do so otherwise would cause serious harm to the individual and to the social fabric of our society.

Let us all think about how we would feel if our mother, sisters, daughters, or granddaughters were sexually harassed, but let us also think about how we would feel if our father, brothers, sons, and grandsons were falsely accused of sexual harassment. We should all react to allegations of sexual harassment according to all of these thoughts.