When it comes to workplace sexual harassment, no one should seek to be a harasshole. But there is something harassholes often do that betches should make a practice—that is, documenting all workplace sexual harassment and how your employer handles it.
Harassholes keep score on who gets passes for inappropriate behavior because the information may give them leverage when an employer tries to hold them accountable for sexual harassment while allowing other harassholes to run amuck.
Case in point: the audacious lawsuit hockey analyst Jeremy Roenick filed in New York on Friday against his former employer, NBC.
Here’s the gist: Way back in December 2019, before COVID terrorized us all, Roenick went on a “cheeky” Barstool Sports podcast as a guest. While on the podcast, the 50-year-old offered off-color commentary on his NBC co-host’s “ass and boobs” before explaining how he led strangers to believe he was having a threesome with his wife and co-host. Real professional, right?
After suspending Roenick for a few months, NBC fired him in February 2020. Now the hockey star is suing the network, claiming NBC discriminated against him as a heterosexual man.
According to Roenick, NBC didn’t punish a gay figure-skating analyst who made sexualized—albeit scripted—comments about his co-host while the two were acting together in a parody promotional video. Roenick says, when he brought the matter to an NBC exec, he was told that the analyst “is gay and can say whatever.”
Yes, there’s a lot to unpack there, but don’t get distracted. Roenick’s basically saying NBC should have given him a pass on his filthy remarks about his co-host because the network gave another man a pass.
When you’re done rolling your eyes at Roenick’s audacity, let’s discuss the ever-so important takeaway from his case: when it comes to workplace sexual harassment, betches need to document, document, document.
Documenting sexual harassment you and your colleagues experience, and your employer’s response to the harassment, is among the most effective ways you can maintain the upper hand should things go south and you need to fight your employer for failing to enforce the rules.
Let me explain.
Employers say they’re anti-discrimination, claiming they consistently enforce the rules by punishing harassholes, their popularity or your unpopularity notwithstanding. In reality, employers also give passes to people they like, creating a host of problems for everyone. The unfairness of it all gives rise to discrimination lawsuits—that is, if there’s documentation showing the employer is not enforcing its rules.
By “documentation” I mean “What is written down, printed, recorded, photocopied, saved? What do you have to support your account about your experiences?”
Sure, you may remember details well and never lose your car keys. But when it comes to workplace sexual harassment, it’s still best to have documentation because memories fade and documents are harder to manipulate. Also, while your word may be good enough for your mom, the patriarchy makes a woman’s word a hard sell more than half the time.
That’s why you document your version of the events with notes about encounters, dated-diary entries about conversations, text message chains and photos saved to the clou,; PDF copies of emails, papers, and websites, and so on. You hold onto anything that provides enough detail to refresh your recollection of the events should things go off the rails down the line and you need to back up your word should it be put to the test.
Harassholes and shady employers unapologetically lie and suddenly lose documents. You must be prepared.
…much like Roenick, whose ten-year tenure at NBC is over, to his complete and utter surprise. That’s right—the former hockey gawd never saw it coming, as he insists his firing is one of the “biggest raw deals of all time.” (Who knew you could lose your job for gratuitously sexualizing your co-worker’s anatomy on a popular podcast and bragging about misleading others into thinking you’re intimately throupled with her and your spouse?)
Despite the supposed blindsiding, Roenick had the wherewithal to document how his employer treated him and others who acted up, giving him fodder for a lawsuit that may or may not end with Roenick taking home a settlement check.
You, too, should be boldly protecting your professional interests should your employer act up or let harassholes run amok, as documentation can make or break your future.
Adrienne Lawrence is an on-air legal analyst and the author of Staying in the Game: The Playbook for Beating Workplace Sexual Harassment (TarcherPerigee, 2020). Lawrence has contributed her insight on workplace sexual harassment for outlets such as the Harvard Business Review and NPR. Follow her on Twitter @AdrienneLaw and IG @AdrienneLawrence.
Images: Fred Kfoury III/Icon Sportswire via Getty Images
The past few months have been big for change. Companies have been called out for systemic racism. The Supreme Court gave LGBTQ workers federal civil rights. Sexual predators are having a renewed #MeToo moment. Powers-that-be are being held to account. That’s phenomenal for social progress. It’s also horrible for workplace sexual harassment.
Sorry to be the bearer of bad news (amidst an already heinous 2020), but you’ll want to beware of increased sexual harassment when you’re on the job, as harassholes hate this new world.
Here’s the skinny: Workplace sexual harassment is a power play. Basically, harassers are insecure people who want to make you feel small because they find you threatening and/or seek a power boost.
Don’t get it twisted, though: Sexual harassment doesn’t have to be sexual. What matters is that you’re being targeted because of your gender or sexual identity.
Harassholes may try to “put you in your place” by using typical sexualized come-ons, like ogling your goodies in the office, jumping in your DMs to ask you out for the umpteenth time, or promising you a promotion in exchange for a Netflix and chill. Or, harassholes may leverage hostile put-downs that humiliate you, like calling you crude names on conference calls, cutting you out of morning meetings, berating you for not dressing the way a woman “should” dress. The displays of disrespect are limitless.
Now that our new world is pushing for greater respect for marginalized persons, women included, harassholes see our world as a less hospitable place for their antics. They’re frustrated about not being able to mistreat you and others with impunity, and they’ll try to reclaim their sense of power by stepping up their harassment game. Protect your purse and your mental health by being prepared.
Here are three quick tips to help you beat workplace sexual harassment:
Identify The Harassholes
You may be a butterfly, but harassholes aren’t very unique. They tend to have shared traits, among them being gender. Men make up some 90% of harassholes. In addition to that, they’re more likely to embrace these characteristics:
⭐︎ Support traditional gender roles
⭐︎ Maintain a strong male identity
⭐︎ Think men are superior to women
⭐︎ Believe men and women should be segregated
⭐︎ Sexualize women, girls, and LGBTQ people
⭐︎ Trivialize victimization or engage in victim-blaming
⭐︎ Lack egalitarian attitudes toward gender and/or race
You can spot these traits by listening to what a harasshole says about gender and sexual identity. For instance, harassholes often think men are better suited for traditionally male jobs and leadership positions whereas women should be in “pink careers,” stay-at-home moms, or in supporting roles. Harassholes use activities and terms typically associated with women to demean other men, such as calling a man a “pussy” or promising to wear a dress in public as part of a bet. These are the dudes who use stereotypes about women as punch lines.
The thing is, there’s nothing funny about harassholes. Keep an eye out for them and remember—just because someone isn’t a harasshole to you, doesn’t mean they’re not harassing another colleague. Harassholes are shady shapeshifters.
Document, Document, Document
Your records of what happened are essential to beating workplace sexual harassment. Why? Memories fade. Plus, there’s a 99% chance that the harasshole (and your employer) will lie. Avoid the he said, she said situation by documenting what went down. On your personal computer or encrypted email, maintain a log of the who, what, when, where, and how of the experience like you’re writing a bland yet detailed screenplay. Also, attach supporting documents such as text messages, emails, DMs, and notes.
You’ll want to have it all, especially if you ever need to speak out or if you suffer retaliation. Documentation can make the difference between getting the heave-ho with nothing and getting out of a company on your own terms with solid references and a strong severance.
Always Trust Your Instincts
Pay attention to that still small voice that echoes within when you’re uncomfortable. Never try to override your instincts with rationalization. You know what you’re sensing, what you experienced, and what you need not tolerate. Don’t ignore it.
Do ignore gaslighting and shade-throwing coworkers. As much as I hate to say it, research shows that some coworkers will try to discourage you from speaking out about sexual harassment and many will distance themselves from you for fear of being mistreated by your employer too. That’s a bummer. But it doesn’t mean you should “take one for the team” by keeping quiet. Real friends won’t insist you be disrespected and won’t try to deny your reality.
Stick close to your instincts, demand to be treated with respect, and do you. You may not be The Boss, but you are a boss and you deserve to work in a harassment-free workplace.
Adrienne Lawrence is an on-air legal analyst and the author of Staying in the Game: The Playbook for Beating Workplace Sexual Harassment (TarcherPerigee, 2020). Lawrence has contributed her insight on workplace sexual harassment for outlets such as the Harvard Business Review and NPR. Follow her on Twitter @AdrienneLaw and IG @AdrienneLawrence
Images: Song_about_summer/ Shutterstock.com
Let’s be honest—this Pride month has not felt like much of a celebration so far. With nearly all Pride parades and events canceled because of the coronavirus pandemic, it was already going to be a strange Pride. But with a heightened focus on the dangers that Black people—and especially Black trans people—face every day, and a President who is working overtime to deprive LGBTQ people of their basic rights, positive developments have been few and far between. But today, there’s finally some good news.
In a landmark decision, the United States Supreme Court ruled that LGBTQ employees are protected against discrimination based on their sexuality, gender identity, or gender expression. In a 6-3 decision (we’ll get to those three in a minute), the court decided that gender identity and sexual orientation are covered by Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of sex. It’s a major victory for LGBTQ rights, and a much-needed one, especially on the heels of President Trump’s decision to remove nondiscrimination protections for LGBTQ people in health care.
Today’s ruling specifically applies to three different cases, two involving discrimination based on sexual orientation, and the other based on transgender discrimination. In R.G. & G.R. Harris Funeral Homes Inc. v. EEOC, the case pertaining to transgender rights, the arguments centered on the idea that Title VII’s mention of “sex” can be interpreted to also include gender identity. This will surely send J.K. Rowling into a spiral of rage tweets, but it’s a massive moment for the transgender community. This is the first trans rights case that has ever come before the Supreme Court, and today’s decision sends an important message that hope is not lost, and we must keep fighting.
As of today’s Supreme Court decision, just 30 out of the 50 states have legislation that prohibits LGBTQ employment discrimination, and nine of those 30 only apply to jobs in the public sector. Just think about that. Before today, you could be fired for being gay, or bi, or trans in over HALF of the states in our country. It seems wild that something like this is even controversial in 2020, but legal experts were actually surprised by today’s ruling.
With Trump’s two appointments on the bench, the Supreme Court has become more conservative in the last few years, and the Trump administration has openly opposed these protections for the LGBTQ community. Therefore, many were surprised that conservative Justices Roberts and Gorsuch aligned with the more liberal Justices, and even more surprised that Gorsuch wrote the majority opinion in the case. In the decision, Gorsuch wrote that there is “no reason to ignore the law’s demands,” and that “all persons are entitled to benefit.”
Unsurprisingly, the three dissenting votes came from conservative justices Thomas, Alito, and Kavanaugh (America’s least favorite overgrown frat bro). Needless to say, these three are officially on my sh*t list. Luckily, their conservative colleagues did the right thing this time, but it’s distressing that human rights issues like this are such close decisions.
While there’s so much wrong with the world right now, this Supreme Court decision is truly worth celebrating. While it’s ridiculous that it’s taken this long, these protections are an incredible milestone for LGBTQ equality in the United States. Pride month might not be what it usually is this year, but this is much more important than putting on glitter and chugging vodka sodas.
For more LGBTQ stories, check out our Queerantine History series:
Images: GreteMiller / Shutterstock.com; Betches / YouTube