Workplace Harassment in America: Power Dynamics, Reporting Barriers, and Solutions

 

photo by NACO

Over the recent years, there has been a significant increase in workplace sexual harassment allegations. Recently, the EEOC released a study showing that in 2018, the government received a total of 7,609 reports of workplace harassment, a 13% increase from the previous year. However, many cases still go unreported due to fear of retaliation. In fact, the American Judicial System did a study that proved 43.5%  of workplace sexual harassment cases reported were followed by retaliation charges. Too many American employees continue to suffer in silence from sexual harassment because of fear of retaliation, power imbalances, and inconsistent policies. Despite power dynamics in most workplaces, employers are responsible for creating a safe work environment.

​Workplace sexual harassment occurs in all work environments throughout our country. National Public Radio reported that even on the federal scale, employees experience harassment in all forms. Five years ago, Olivia Warren spoke up to the United States Congress about the court judge, Stephen Reinhardt, who had left a drawing of a woman's body parts on her desk. She also accused the judge of demeaning her body and making remarks about her husband’s masculinity while working under him as a law clerk. Olivia Warren further went on to advise “young women not to speak up about abuse by federal judges because the risks are just too high.”

The fact that there have been and continue to be no consequences for the perpetrators of workplace sexual harassment is utterly devastating. In the case of Judge Reinhardt, he abused many of his workers for years without consequence. His experience reflects a pattern: individuals with authority using their power to silence victims and avoid consequences. Olivia’s case proves that sexual harassment isn’t limited to smaller areas; it is a part of the entire world, including the government.

Many people might think that, with the way today’s world is, people can’t take jokes or that you can’t say anything without offending someone. This claim ignores the major distinction between harmless humor and conduct that creates a hostile, unsafe work environment. A case study, “Julie Fisher v. San Pedro Peninsula Hospital,” reported by SETYAN Law emphasizes the importance of bringing attention to the issue. Julie Fisher, a surgical nurse at San Pedro Peninsula Hospital in California, filed a lawsuit against Dr. Tischler for direct and observational instances of workplace sexual harassment. This case deepened the understanding of environmental sexual harassment and emphasized that sexual harassment not only affects the victims but also all employees exposed.

​Some people might argue that hierarchical power dynamics are natural and not all imbalances are abusive. Power dynamics may be inherent; that is not the issue. Rather, they become problematic when abused. A study by Gitnux found that 45% of sexual harassment claims stem from power imbalances in workplace hierarchies. Supervisors who believe they can do as they please are the main problem within our workplace environments. When it comes to reporting, it comes down to the supervisor’s word or that of a lower-ranking, less experienced employee. Without proper policies and oversight, the workplace will remain without respect and accountability.

​Others might say that employers cannot completely control their employees' behavior or environment; therefore, their responsibility is limited. Though their responsibilities are limited, they can implement regular training, reporting mechanisms, and clear policies against harassment. A study by the National Library of Medicine found that after implementing anti-workplace sexual harassment training courses, a decline in reported harassment occurred within 2 months. By implementing such mechanisms, the National Library of Medicine states that benefits such as increased self-reported cases, greater awareness of the issue, and higher levels of intolerance will help prevent workplace harassment.

​Title VII states that workplace sexual harassment is prohibited under federal law. The Civil Rights Act protects all employees against unwelcome sexual advances and all other forms of harassment. Despite this law being in effect to help, discrimination can make it difficult for people to go against those in power. Workplace retaliation can occur in many forms, such as exclusion, unfair evaluations, being passed over for promotions, or even hostile treatment from colleagues. In the case of Olivia Warren, she felt she could not report the misconduct because the risks were too high. When employees believe that speaking up could tarnish their reputation or jeopardize their job, they are more likely to remain silent in harmful situations. As a result, workplace sexual harassment can remain, and workplaces become environments where misconduct is silently tolerated.

​To address these challenges, workplaces need to implement preventive measures to reduce the fear of retaliation and create safer work environments. An effective approach to handling this is to add or strengthen anti-harassment policies and training so employees can clearly understand their rights and appropriate workplace behavior. Additionally, employers should also create safe, anonymous reporting mechanisms that allow workers to come forward without the fear of being targeted. Together, these solutions create an environment where speaking up is encouraged and harassment is limited.

Workplace sexual harassment remains a real-world issue across all industries, which is caused by power imbalances, inconsistent policies, and fear of retaliation. Although federal laws like Title VII have been enacted, they are not enough to encourage victims to come forward. Real progress requires employers to prioritize accountability and accessible reporting systems that protect rather than punish. Only when the silence is broken can the workplace environment become a place where employees are treated with respect and dignity.