In the wake of bombshell reports by the The New York Times and The New Yorker detailing three decades of sexual misconduct by movie mogul Harvey Weinstein, the revelations keep coming. So do the questions: How did such flagrant misconduct stay an “open secret” for so long? Just how many women were harmed? And how do we make sure that such an egregious abuse of power never happens again?Sexual harassment that is “severe or pervasive” was deemed by the Supreme Court to be illegal sex discrimination more than 30 years ago, when Mechelle Vinson, a bank employee in Washington, D.C., challenged her manager’s three-year campaign of abuse, including rape. And it’s been nearly a quarter-century since the court clarified that conduct becomes illegal harassment at the point that a “reasonable person” would find it abusive, even if it never gets physical.So it shouldn’t be news to anyone that arriving at a business meeting in a bathrobe and asking for a massage crosses the line. Yet here we are again. Fox News, Uber, the Marine Corps — each new sexual harassment scandal prompts an outpouring of “me, too” stories to remind us that, whatever the law might say about such conduct, culture follows different rules. As these and other scandals show, that culture can be toxic in fields where women are in the minority, especially in leadership roles: entertainment, media, and the military, not to mention Wall Street, law enforcement, and science, technology, engineering, and math (STEM) fields. Indeed, Weinstein was enabled by an industry in which the top executives at film studios, according to a 2016 study, are on average 80 percent male — resulting in rampant discrimination in behind-the-camera hiring decisions, as the ACLU has successfully argued to the U.S. Equal Employment Opportunity Commission.
It’s time to get to work on making antidiscrimination law’s promise a re
By aclutn