LAJ ARTICLES

OPINION: Sexual Harassment in the Legal Profession

For a profession based on justice and impartiality, jobs in the legal field–much like many others– often struggle with the ongoing challenge of gender biases and face an increasing prevalence of sexual harassment that impacts workplace dynamics.

Sexual harassment can take many forms.

From offensive comments and jokes to physical assault, the spectrum of inappropriate behaviors can be broad. On the more subtle side, actions such as flirtatious comments, unsolicited advances and inappropriate gestures can cause discomfort and create a tense and uncomfortable environment. These actions, even when seemingly minor and harmless, can be humiliating and demeaning, causing one to feel a lack of security in their work environment and respect within a professional setting. On the other hand, these behaviors can escalate to unwanted touching and outright assault.

While every case ranges in severity, they all result in lasting psychological and emotional trauma. Furthermore, they collectively contribute to a workplace culture where individuals, especially women–feel undervalued and disrespected–which compromises their ability to succeed.

According to the Equal Employment Opportunity Commission (EEOC), studies indicate that 60–70% of women experience sexual harassment during their careers. However, a vast majority (about 85%) of affected employees don’t report their experiences within their organizations.

Beyond being just a professional and legal issue, sexual harassment is also a personal issue. Experiencing assault can be awfully traumatic, leading to significant mental and emotional decline. Victims often internalize their trauma, causing them to face a mix of emotions, such as shame, powerlessness and vulnerability. This makes it challenging to focus and engage in daily activities, including work.

There’s also a significant economic toll linked to sexual harassment. A Harvard Business Review study, ‘Breaking The Silence‘, highlighted that aside from the apparent legal fees and settlements, organizations face reduced productivity, increased absenteeism and high turnover rates as a direct result of harassment incidents. For women in law, this could mean delayed promotions, missed opportunities and–in many cases–quitting the profession entirely.

Law360’s 2020 Glass Ceiling Report noted that women only comprise about 38% of attorneys at law firms, and less than a quarter of equity partners at these firms are women, despite representing roughly half of law school graduates. This disparity underscores the broader consequences of a hostile work environment, where women, facing obstacles ranging from explicit harassment to implicit biases, struggle to gain respect and overcome the power imbalance in the legal profession.

To commit to and honor its foundations, professionals in the legal field should address the disparities and injustices within their own ranks. This not only reinforces the legal profession’s commitment to equality but also embodies true justice.

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