sexual harassment Archives

Lawmakers Amend Virginia Human Rights Act, Kill Workplace Harassment Bills

VCU CNS | March 9, 2021

Topics: disAbility Law Center of Virginia, domestic workers, General Assembly 2021, Jennifer McClellan, Mark Sickles, people with disabilities, sexual harassment, Virginia Domestic Workers Bill of Rights, Virginia Human Rights Act, Vivian E. Watts

Where civil rights are concerned, this year’s session of Virginia’s General Assembly has been a mixed bag: protections for people with disabilities and domestic workers, but no protection against sexual harassment in the workplace.

The Virginia General Assembly passed several bills this session expanding employment protections for people with disabilities and domestic workers, but killed a pair of workplace harassment bills.

Five bills were introduced during the 2021 session to amend the Virginia Human Rights Act. Three passed the General Assembly. The Virginia Human Rights Act prohibits employment discrimination on the basis of race, religion, age, gender, and sexual orientation, among other groups. Virginia last year became the first Southern state to pass sweeping anti-discrimination protections for the LGBTQ community through the Virginia Values Act.

House Bill 1848 extends employment discrimination protection to people with disabilities. The legislation unanimously passed both chambers and Gov. Ralph Northam recently signed the bill into law.

“I am very happy that the bill has widespread support,” stated chief patron Del. Mark D. Sickles, D-Fairfax, in a press release. “I can’t thank our advocates enough, and am grateful for the leadership in Attorney General Mark Herring’s office and for the guidance of the disAbility Law Center.”

Workers with disabilities

Employers with five or more employees must make reasonable accommodations to workers with disabilities unless the employer can demonstrate such accommodations would place an “undue hardship” on the employer. Current federal law prohibits discrimination under the basis of disability for employers with 15 or more employees.

Del. Kathy Tran, D-Springfield, said during a House subcommittee hearing that in 2019 the unemployment rate for people with disabilities was twice as high as those without disabilities.

“People who have disabilities, who are able to and want to work, I think we should try to help them be part of the workforce,” Tran said.

A person who claims they were denied reasonable accommodation must file a complaint with the Office of Civil Rights. They would need to exhaust all administrative processes before pursuing a lawsuit.

Colleen Miller, executive director of the disAbility Law Center of Virginia, an advocacy organization, said the bill’s passage is “an important development for Virginians with disabilities who are in the workforce and wish to be fully employed.”

Domestic workers’ rights

A trio of bills centered on domestic workers’ rights, dubbed the Virginia Domestic Workers’ Bill of Rights, were introduced in both chambers this year. Last year, Virginia lawmakers passed a bill guaranteeing minimum wage to domestic workers.

The bills’ patrons highlighted the impact of excluding domestic workers from employment laws, which they said are bound to the legacy of slavery and Jim Crow-era laws. Domestic workers include occupations such as “cooks, waiters, butlers, maids, valets and chauffeurs,” according to the bills.

A majority of domestic workers are women of color and are three times as likely to live in poverty than other workers, according to the Economic Policy Institute, an independent economic research organization.

Introduced by Sen. Jennifer L. McClellan, D-Richmond, Senate Bill 1310 extends employment nondiscrimination to employers with one or more domestic workers. It also expands employment protections to domestic workers, including laws regarding the payment of wages.

“This is a huge step forward to provide stronger workers rights and a safer workplace for 60,000 Virginia domestic workers,” McClellan stated in a press release. “As the daughter, granddaughter, and great-granddaughter of domestic workers, I know how essential domestic workers are to the economy and how poorly mistreated they’ve been for generations.”

*Sen. Jennifer McClellan. Photo via CNS.*

McClellan’s bill passed the General Assembly and now heads to the governor’s desk. The House companion bill, HB 1864, from Del. Cia Price, D-Newport News, also passed the General Assembly and awaits the governor’s signature.

Lawmakers also passed HB 2032, patroned by Del. Wendy W. Gooditis, D-Clarke. The measure does not amend the state’s Human Rights Act, but it ensures domestic workers are not excluded from employee protection laws. Workers will be able to file complaints regarding workplace safety. Virginia is the 10th state to pass such legislation. Portions of the bill that would include domestic workers under the Virginia Workers’ Compensation Act were removed.

Failed sexual harassment bills

The two bills amending the Human Rights Act that lawmakers could not advance would have strengthened current workplace sexual harassment laws.

Del. Vivian E. Watts, D-Fairfax, introduced HB 2155 to expand and clarify the definition of workplace harassment and sexual harassment. The bill passed the House but died in the Senate Judiciary Committee by a vote of 6-7. It was the delegate’s second attempt to pass such protections.

The Senate companion bill, SB 1360, reported out of the Senate Judiciary committee, but was sent back and never picked back up. Patroned by McClellan, the legislation died over concerns on the bill’s absence of employers’ liabilities, especially for small businesses.

Watts said her bill aimed to provide clearer definition of workplace and sexual harassment. The language in the bill comes from federal court harassment case decisions over a span of two decades, Watts said.

Watts’ measure clarifies that employers would be liable for the supervisors’ actions. She said committee members who voted against the bill failed to understand that the guidance of employers’ liability is not currently spelled out in Virginia’s law. Employers may be alleviated from any liability if they can prove they “exercised reasonable care” to prevent and correct harassment, or if employees “unreasonably” fail to take actions on “preventable or corrective opportunities” to avoid further harassment, according to the bill.

Both bills defined workplace harassment as an unwelcome conduct based on race, religion, natural origin, sex, sexual orientation, gender identity, and more. Sexual harassment includes a sexual advance, a request for sexual favors, or any conduct of a sexual nature in the workplace.

Watts said her bill will remove a glass ceiling and “power differential” that contributes to workplace and sexual harassment.

“If you don’t go along (with the workplace harassment), then you will be denied professional opportunities, work opportunities moving forward,” Watts said. “It is a power struggle, and that power struggle makes it a point of leverage.”

Prior to her bill’s death, Watts said there also was confusion over the Senate bill’s language, referring to the committee’s dispute on McClellan’s bill.

“There wasn’t a real focus as there needed to be,” Watts said.

*Del. Vivian Watts. Photo by Lee District Democratic Committee, CC BY 2.0, via Wikimedia*

McClellan’s bill was met with debate from other lawmakers in the Senate Judiciary committee, such as Sen. Chap Petersen, D-Fairfax, over the bill’s language. McClellan asked Petersen if he wanted to add an amendment. He said he didn’t.

“I just want this bill to go away,” Petersen said.

Petersen questioned if his wife asking men “to move the furniture for her” constituted sexual harassment. Multiple lawmakers said the bill’s language was too broad.

McClellan, a gubernatorial candidate, is committed to advancing anti-workplace harassment laws, either as a legislator or governor, according to her spokesperson.

Watts said she will reintroduce her bill next year. She said she will make sure there is an understanding that the bill contains a “sound, legal approach” to employers’ liability.

“I believe that the majority of the members do believe that this is something that needs to be spelled out to protect employees, and particularly minorities and women,” Watts said.

Written by David Tran, Capital News Service. Top Photo: The Virginia State Capitol building. Photo by George Copeland Jr.

Sexual Harassment: Politicians, Media, and the Unjustifiable Difference Between Them

Brandon Jarvis | November 30, 2017

Topics: Donald Trump, Matt Lauer, Media, politics, Roy Moore, sexual assault, sexual harassment

“CBS This Morning” anchor Charlie Rose, NPR news chief Michael Oreskes, New York Times political reporter Glenn Thrush, political analyst Mark Halperin, and now “Today Show” host Matt Lauer have all lost their job or been suspended due to sexual harassment claims.

President Donald Trump (R), Senator Al Franken (D), Representative John Conyers (D), and Senate-hopeful Roy Moore (R) are all facing credible accusations on their own– but continue to keep their jobs.

Rep. Conyers is facing pressure from Democratic leadership behind closed doors, but he continues to vigorously deny the accusations – although he admitted to paying a former staffer with taxpayer money after she accused him of sexual harassment. On Thursday, one of Conyers’ accusers, Marion Brown, went on the Today Show to discuss the allegations. She said he “violated her body” and frequently propositioned her for sex.

Almost every Republican leader in government – with the exception of their leader, Trump – has denounced Moore for pursuing underage girls. However, he still remains active on the campaign trail and shows no sign of bowing out. Franken has apologized for his mistakes after photos surfaced of him groping a woman while she was sleeping. However, he shows no signs that he believes he should resign. Trump was recorded on tape saying that he grabs women by the “pu**y” because he is famous and they let him do it. The other participant in that tape, Billy Bush, was fired by NBC News for what he contributed to that tape.

Sixteen women have now accused Donald Trump of sexual assault. He was elected President of the United States within a few months of this information coming to light, while at the same time making Bill Clinton’s sexual misconduct a constant topic of coverage during the election.

Washington has long had a history of politicians playing sexual scandal situations close to the vest. The Congressional Accountability Act of 1995 made that much easier for them. Originally, it was intended to force members of Congress to be held to the same standards as the rest of the professional world. Instead, it created a way for sexual harassment cases to be settled using taxpayer money – with the process and participants of the settlement being kept a complete secret. Not to mention the first step that an accuser takes under this act after is to take a 90-day “mandatory dispute resolution process.” Which essentially is a “cooling off” period where the accuser has to continue to work and interact with the accused.

17 million dollars in taxpayer-funded settlements have occurred under this resolution since 1997. The Office of Compliance handles these funds. They say that the fund covers most Capitol Hill employers, so not all of these funds are used for lawmakers’ transgressions.

This is drastically different than the process that we have witnessed taking place in the private sector. Matt Lauer’s employers were notified of a complaint against him on Monday night, and he was released from his position at NBC less than 48 hours later. Later on Wednesday, we learned from Variety, who claimed to have been working on this story for months, that Lauer had been committing inappropriate acts for years. From having a button on his desk to lock his office door, to gifting a coworker a sex toy and letting her know how he wanted to use it with her. Louis C.K.’s film company canceled his next movie premiere and multiple media companies cut ties with him after his transgressions hit the news. CBS, Bloomberg, and PBS released Charlie Rose within a day of his accusations going public.

Yet the disparities between politicians and media personalities continue to persist, even with an announcement by Northern Virginia Congresswoman Barbara Comstock. On Wednesday, the House of Representatives passed an anti-harassment resolution that the Congresswoman introduced. The bill requires Representatives to participate in yearly sexual harassment training.

“There is no room for sexual harassment in the workplace and we must have zero tolerance for harassment of any kind, especially in Congress,” said Comstock. “This legislation we passed here today is a strong first step in fundamentally reforming how we address the insidious problem of sexual harassment in the workplace and committing to a healthy, safe working environment free from sexual harassment.”

This is surely a step in the right direction, but forcing members to participate in a yearly training does very little to address the actual harassment that has occurred. These resolutions also don’t address the biggest possible offender of all – the President.

The media, tech moguls, Hollywood producers, comedians, and athletes are typically forced to pay for their transgressions themselves. If not with their own funds, it’s the employers they worked for that enabled their behavior. This is also usually accompanied by a pink slip from that enabler.

Politicians have been using taxpayer money to pay off their accusers under a code of silence enacted by themselves, or their predecessors for over 20 years. As a result, lawmaker’s are allowed to push their moral beliefs and judgment’s into our law books – but they don’t hold themselves accountable to that same standard. Why should citizens trust them to police themselves? Citizens should be able to trust that the individuals elected to run our country truly have the interests and safety of their citizens at heart. That is getting harder and harder to believe, more so since the revelations that they will cover up the mistreatment of women to the tune of tens of millions of dollars. The citizens that are being publicly shamed and losing their jobs deserve every ounce of this.

So the question remains, why aren’t our elected leaders receiving the same ridicule and justice?

Me Too: Harvey Weinstein and the Story We Keep Hearing Over and Over

Samantha Rinchetti | October 16, 2017

Topics: Harvey Weinstein, me too, sexual assault, sexual harassment

Harvey Weinstein, the American film producer and former film director has been called “one of the film industry’s most prominent supporters of progressive causes” by the Spectator. Harvey and his brother, Bob Weinstein, cofounded Miramax, an American film company most famous for distributing classic independent films such as Pulp Fiction and Clerks. The Weinsteins have worked with hundreds of aspiring and seasoned actors and actresses over the years. At one point, Harvey seemed to be one of the most powerful men in Hollywood.

That is, until October 5, 2017.

That day, two New York Times journalists, Jodi Kantor and Megan Twohey, broke news that gave detailed evidence of Harvey covering up over 20 years of sexual assaults and, according to company officials, at least eight settlements with women who accused him of sexual assault. On October 8, 2017, Harvey Weinstein was terminated from the Weinstein Company, his own brother being on the board who decided Harvey’s fate. “I find myself in a waking nightmare,” stated Bob Weinstein .

Over 30 women have come forward to speak on their experiences with Weinstein. Even well known actresses such as Angelina Jolie and Gwyneth Paltrow have spoken out against his predatory behavior. According to a story in the New Yorker by Ronan Farrow, “Weinstein has been trailed by rumors of sexual harassment and assault.” The story further states that his behavior was “an open secret” to those within his circles, but that publications have struggled to prove the allegations due to a lack of hard evidence.

So why did this story take so long to break if there was 20 years worth of testimony from women all over the world? Why did the officials who spoke about Weinstein’s cover ups just now decide to speak?

Weinstein is a prime example of how the war on women continues to thrive in the year of 2017. In 2015, the New York Police Department held a sting operation investigating Weinstein’s alleged groping of a Filipina-Italian model, Ambra Battilana Gutierrez. Even with audio evidence of Weinstein admitting the action, Gutierrez lost credibility after her sexual history was brought to light. A police source involved even told The New Yorker’s Farrow, “We had the evidence. It’s a case that made me angrier than I thought possible.”

This is not an uncommon trend in American society. The main questions asked when a woman comes forward about an assault are usually:

“Were you drinking?”
“Were you flirting?”
“What were you wearing?”

In the 2016 Virginia Crime Report, it is stated that there were 5,512 forcible sex offenses reported, and of those 4,760 were female. Given this trend women know all to well, we’re just supposed to assume that 4,760 people in the Commonwealth of Virginia alone were all either too drunk, too flirtatious, or dressed too sexy?

The trend of women being victim-blamed is one that we have seen for years. We are never the victim, always the liar or the whore. The Weinstein case, however, would not have been possible without Hollywood enabling his misogynistic and predatory behavior.

Woody Allen, who has his own accusations in the past (just ask Ronan Farrow), told the BBC, “No one ever came to me or told me horror stories with any real seriousness.” Allen followed this by saying, “And they wouldn’t, because you are not interested in it. You are interested in making your movie.”

With this quote, Allen is essentially describing what it is like to be a woman in today’s society, and more particularly a woman in Hollywood. Nothing you say is of “real seriousness.” You should not expect the men around you to care what happens to you, because they are doing you a favor by making your movie or advancing your career. Hollywood has done an excellent job of exploiting women as objects on and off screen, and therefore it does not seem to have any real plans to stop just because of the Weinstein case.

That does not mean we will tolerate it.

A recent social media campaign encourages those who have been sexually assaulted and harassed to simply write “me too” on their profile and in their newsfeed in order to bring attention to this endemic problem – one which some like to pretends is not even real. Since the campaign started, there have been over six million Facebook posts hashtagged #metoo, with the hashtag also trending on Twitter throughout the day.

While this kind of social media awareness is important when it comes to addressing a nationwide problem, it should be asked why survivors must take to public platforms in the first place? Not to mention outing themselves as victims in order to bring attention to an issue that has plagued our society for generations.

Many heartbreaking stories are captured in Twitter’s 140 characters, speaking about how women had to quit their jobs, or how our very own President triggers them. It is truly devastating to know that millions of women have been abused, while we seemingly do nothing but go further back. Our culture, and how we treat women as a whole, has taken continuous steps backwards for years, despite how anti-feminist rhetoric is used to make us believe otherwise.

Our President was quoted a month before the election talking about women, saying, “grab her by the pussy,” and was still elected. Stanford rapist Brock Turner only served three months in jail for raping an unconscious woman behind a dumpster because “a prison sentence would have a severe impact on him.” Betsy DeVos takes steps to protect rapists by rescinding Title IX guidelines. And President Trump allows employers to deny women birth control. Why then does the Weinstein case surprise us?

It has never been more unsafe to be a woman in today’s society. It almost becomes normal to turn on the television or open up your computer, and see that there is one more reform, one more rollback, one more not guilty verdict, that keeps putting women one step further back.

As a culture, we have done only the bare minimum to make women safe on the streets, in their careers, and even in their own homes. Sure, we can vote, wear whatever we want (kind of), and are able to get an education and a career. But the fight is far from over, and Harvey Weinstein is one of the reasons why we are forced to keep fighting.

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