Sure..the thing I don't understand is why she didn't go to a lawyer? That would have been the next logical step for me. At least 1 person should get to prison if there is enough evidence collected by multiple women.
Apart from potentially being difficult emotionally there are tons of negative outcomes that could come from taking the legal route
Here's a list of potential negative outcomes of lawyering up:
* getting terminated (remember, at-will employment) * getting blacklisted by other teams at your current employer * getting blacklisted by potential future employers. Court cases are often public and in some industries companies are forced to make ongoing litigation public * having your weird texts, emails, personal life and sexual history being dragged out in a public court case * losing and still having to pay all those lawyer fees * winning but not getting any meaningful compensation * getting harassed on twitter/wherever by the alt-right/gamergate crowd.
Yes, people should be getting in trouble but it's a prisoners dilemma where each individual victim is not incentiviced to do anything.
So you can imagine how many multiples of that it is when you're trying to rock the boat on harassment.
What is the better way then, beside leaving the company despite doing your job very well?
Aren't most of these potential negative outcomes of suing, not lawyering up?
Having a conversation with a lawyer who specializes in employment law to get a temperature-check on your specific situation (does it qualify as harassment, what are your options, what are likely outcomes of exercising these options given precedent case law, etc) will not result in "having your weird texts, emails, personal life and sexual history being dragged out in a public court case".
Even if you do sue, most lawsuits (especially discrimination ones) are settled out of court, without lascivious details being made public.
You're kind-of right, but suing only has teeth if you're prepared to go to court and not bluffing. Engaging a lawyer without suing is just going to cost you money. All of the things I said still suck if you're going through depositions, even if everything isn't being made public. Imagine having to sit in a room full of lawyers and explain why you replied 'haha' to an inappropriate text instead of "I'm forwarding this to HR right now."
Seemed like a fine solution, but it soon became evident that she had, in fact, been blacklisted: 18 months passed before anybody would even give her an interview, and that was only after deciding to change industries altogether. That silver parachute was, in hindsight, wholly inadequate compensation. Meanwhile her harasser has continued his career with no repercussions whatsoever.
When these problems are cultural / institutional, the threat of a lawsuit will neither benefit the victim nor effect any real change. Takes something more sustained and substantial than that.
In my friend's case, she was at the director level of a large publicly-traded company. Particularly as you approach the top of the that kind of corporate hierarchy, the world becomes very small, and good-old-boy dynamics start to dominate. There's no formal blacklist, of course -- just the opportunity to meet your frenemy from her previous employer down at the bar, where he can confidentially warn you to "watch out for that one: she's a troublemaker". Nothing more needs to be said, and certainly nothing needs to be written.
I suspect that hiring decisions at lower levels will be both more process-driven and better-documented, so it might be more possible to prove the existence of blacklists there (even if it's still far from easy). But near the top of the pyramid, I have great trouble seeing how the punitive legal action can realistically be used to break up the good-old-boy network.
Seeing this play out has actually changed my mind on the necessity of having gender quotas for management and boards. Previously I'd been opposed on vaguely libertarian grounds; now I see it as the only practical way of disrupting the good-old-boy networks that genuinely do a lot of harm. (Society is genuinely damaged -- depriving itself of so much talent -- by systematic bias against women).
Of course, it does happen, in various ways. The way to find out is to find a sympathetic recruiter (or, a "recruiter" who's really your friend), and have them call for a reference for you. There's good fodder for a lawsuit here.
This is hitting all the major news outlets, the CEO and the board are already promising "urgent" investigative action. And, oh yeah, a company valued at multi-billions is about to be hit with publicity which they will pay dearly for as #deleteuber starts trending again, at a time when angry people are sick of reading about the latest Trump zinger.
In the best case scenario a lawyer would have gotten her a modest pay out in exchange for shutting up, far more likely however would be a disappointing outcome and blacklisting.
Consider that the people who are wronged in these situations didn't set themselves those days to be harassed. Now they should not only stand what's been done to them, but also drop everything they were doing that day to sue? I think there's an understandable tradeoff that people go thru in those circumstance. They push the issue as seems appropriate in term of benefit/time. Where that line lies depends on the situation, the people involved and how much they enjoy spending their time litigating instead of doing XYZ other thing.
Lots of people don't even bother going through the hurdle of reporting to HR, being interviewed, being questioned, being doubted, having to spend hours or days handling the issue, instead of doing their work. Bringing that to the next level: not many people desire to spend their time suing instead of doing whatever it is they'd rather do with their time.
Arguably, issues should be pursued to educate and deter. But up until which point? I think you'll agree that it's understandable why someone would choose that reporting to HR was enough and suing wasn't worth the trouble.
If you wish to take it to court yourself, then they may also be able to provide you with or help you find an appropriate lawyer for the case.
Unions can have benefits sometimes, but handling issues related to harassment is not one.
> They will be able to represent you anonymously at first, and bring a collective action against the perpetrator if there have been multiple incidents against multiple victims.
Or, if the perpetrator is a peer but holds a position of power within the union, they may simply decide to ignore you, as HR did in this case.
If you speak out against the union rep's decision (such as by writing a blog post like this), and the union's charter has a clause prohibiting public opposition to the union (which is legal and very common), then you could get your membership terminated. This not only means you lose your current job, but you could effectively get blacklisted across the industry if there are no non-union shops. Unlike shared employer blacklists, which are illegal, this is perfectly legal because the union isn't sharing a blacklist - they just so happen to have a monopoly on hiring and also have the legal right to refuse you membership.
Ironically, it would be illegal for the company to fire you in this position, but unions have far fewer restrictions on whether or not they can deny or terminate membership, even in retaliation.
In theory. And disciplining or terminating employees who expose the company to well-documented, open-and-shut lawsuits is an HR bread and butter issue. Yet here we are.
If you really want someone who will be legally bound to represent you without conflict of interest, and with legal protection against retaliation, you want a lawyer, not a union rep. And you can do that with or without a union. (And employment attorneys already operate on contingency for most straightforward cases like these).
Are you based outside the US? Unions aren't particularly prevalent in the US, at least not in professional fields.
Saying "sue" is easy if you're not the one that has to deal with the fallout from it. Several months if not years dragged through the courts, having to relive the experience. Being blacklisted from the industry and unable to find a job. Constant harassment from frog trolls who seem to pop up every time a woman tries to assert that she's a human being.