Cindy A. Schipani & Terry Morehead Dworkin
87 Geo. Wash. L. Rev. 1272
It is difficult to read the news today without running across another story of sexual harassment or of women facing hostile work environments. When there is harassment, most women just leave the harassing conditions and move on to another job rather than reporting it and/or dealing with it directly. The result of this pattern is that women must re-establish themselves at the new workplace and rebuild their credibility. This in turn results in women being behind men in terms of experience, good recommendations, salary, and the ability to time their departures under conditions that benefit them. Further, many forms of employee voice are critical to organizational advancement or perceptions of leadership competence, yet women’s ability to express their voice is severely stymied by a number of factors, exacerbating the dearth of women in leadership positions across many contexts.
This time, attention to the issues of sexual harassment is occurring largely outside the legal system. The focus began with Harvey Weinstein, one of Hollywood’s most prominent producers. Once Weinstein’s abuse of power became known, it sparked a national conversation that has led to the forced resignation or firing of many men in positions of power and leadership. In this respect, the so-called “Weinstein Effect” is much broader than an employer’s liability for sexual harassment. It also means that boards and companies need to change their thinking and actions around diversity and equal treatment. In several cases it has had the secondary effect of some women being promoted to positions in the C-suite as men have been forced to resign or have been fired because of their abuse of power. Some of the new female leaders are likely to be questioned because of the way they were put in the job, however.
In this environment, mentors and networks for women are more important than ever. Access by women to networks and mentors plays a crucial role in climbing the corporate ladder. Mentors and networks can provide critical pathways for women to succeed in positions of leadership, while navigating the revelations of hostile and harassing work environments brought out in this #MeToo era.
This Article seeks to analyze the laws prohibiting sexual harassment and the need for employee voice in the workplace. It follows with a discussion of the impact of the #MeToo movement and the value of mentoring and networking in helping women navigate these issues while climbing the corporate ladder.
