Human Resource: Ignorance of Sexual Assault Cases during Work

The unnoticed side of HR: how far are firms willing to go to manage sexual assault?

In today’s workplace, sexual assault and harassment remain persistently evident issues, despite years and years of awareness campaigns and legal protections. Human Resources (HR) departments are tasked with addressing these issues, but their actions can sometimes be driven more by safeguarding the company’s reputation and interests than by seeking justice and aiding the victims. The further explores the troubling lengths to which some HR departments may go, from hush money and fake investigations to mysterious firings and the manipulation of power dynamics.

Hush money and Non-Disclosure Agreements

One of the most controversial tactics employed by some firms is the use of hush money to silence victims of sexual assault. Non-disclosure agreements (NDAs) are often also a part of these settlements, legally binding the victim to silence about their experience. While NDAs can provide immediate financial relief to the victim, they also prevent the perpetrator’s behaviour from coming to light, potentially allowing them to continue their misconduct and unprofessional behaviour.

Sexual assault in Hollywood 

Bought into light in recent years despite being persistent for over a century, SA in Hollywood is a prominent case of power dynamics in a workplace. The first case of sexual assault in Hollywood to receive widespread media attention occurred on September 5, 1921, when comedian Roscoe Arbuckle was accused of sexually assaulting actress Virginia Rappe. The heights of aggression being of a nature violent enough to kill Rappe four days after.

After 3 extensively published trials, two of which resulted in deadlocked jury, Arbuckle was acquitted in the third trial, additionally receiving a formal written apology from the jury. Despite his acquittal, the scandal was widespread enough to end Arbuckle’s career.

#Metoo

The matter of sexual assault in Hollywood gained important significance in the global media in 2017 after producer Harvey Weinstein, founder of Miramax and The Weinstein Co. was accused by more than 80 women of having sexually assaulted or harassed them. The accusations ranged from sexual harassment to rape, with Weinstein denying any wrongdoings on his behalf, although the evidence suggesting otherwise.

When several household-name actresses came upfront about their unprofessional experiences with Weinstein, it gave rise to an online campaign held together by the hashtag Me Too, with which multiple men and women joined the list of victims of sexual abuse by actors, directors and producers.

Fake investigations.

Another tactic that some HR departments use is conducting sham investigations which lead to no substantial outcomes. These investigations are superficially thorough but ultimately made to protect the accused and the company as opposed to uncovering the truth. Such investigations might involve biassed interview processes, ignoring/disregarding key evidence, or predetermined conclusions that absolve the accused. This approach not only fails the victim and the basis of a habitable work environment, but also undermines the trust of all employees in the company’s commitment to a safe and fair workplace.

Mysterious firings

In some cases, people who come forward with allegations of sexual abuse may find themselves mysteriously fired or forced out of their positions. These retaliatory actions send a chilling message to other employees: speaking up about harassment can cost you your job and your wage. Even if the firing is framed as unrelated to the complaint, the timing and circumstances often insinuate otherwise. This tactic ensures that the victim is exempted from the workplace, making it easier for the company to control the narrative and minimise any potential fallout.

The myth of sleeping one’s way up to the top

A persistent and harmful stereotype is the notion that women can “sleep their way to the top.” Not only does this contradict the rules of feminism but also undermines the professional achievements of women and perpetuates a toxic work environment. It suggests that any successful woman might have used sex to advance her career, thereby disregarding her hard work and qualifications. This stereotype not only harms the reputations of women but also creates a hostile atmosphere where female employees are unfairly judged and scrutinised.

Power dynamics: A study on male and female power dynamics

The dynamics of power between male and female employees significantly impact how sexual assault and harassment are handled in the workplace. Studies have shown that male-dominated leadership often leads to an environment where harassment is more likely to be overlooked or mishandled. Conversely, workplaces with more women in leadership positions tend to have stronger policies and a more supportive environment for victims.

Research by the Harvard Business Review indicates that organisations with gender-diverse leadership and workplaces where both power dynamics are directly proportional to one another are more likely to implement comprehensive anti-harassment policies and provide better support for victims. These companies also tend to have a culture that encourages reporting and takes allegations seriously. This highlights the importance of diversity in leadership roles in creating a safer and more equitable workplace.

Conclusion

The tactics used by some HR departments to handle sexual assault allegations—such as hush money, fake investigations, and retaliatory firings—reflect a broader issue of power dynamics and gender inequality in the workplace. Addressing these problems requires a commitment to transparency, accountability, and genuine support for victims. By fostering an environment where all employees feel safe and respected, companies can move towards a future where sexual assault and harassment are no longer tolerated or swept under the rug. 

Real change will come when companies prioritise the well-being of their employees over their reputation, and when they embrace diverse leadership that champions fairness and justice for all.