Dive Brief:
- If nothing else, former Fox News host Gretchen Carlson's lawsuit against ex-boss Roger Ailes has brought sexual harassment into the public eye in a major way, and several media outlets are using the case to explore the workplace issue.
- Money, for example, looks at what precisely constitutes sexual harassment, an issue that has not always been easily determined in the courts. And the New York Times uses the case to explore workplace retaliation, as it has become more prevalent than discrimination claims in these types of cases, according to EEOC data.
- With a recent EEOC report finding that much workplace sexual harassment training over the past 30 years has been ineffective, the Carlson-Ailes case at least gives HR leaders more to think about when it comes to providing effective programs to try and reduce both harassment and retaliation claims.
Dive Insight:
Maya Rahu, director of workplace equality at the National Women’s Law Center, told Money that even though sexual harassment cases are difficult to win in a courtroom, the high-profile nature of this case may encourage more, potentially scared workers to come forward when they feel harassed. In the Carlson-Ailes case, six women have already publicly come forward to say Ailes harassed them as well, though none have filed suit.
Also, as noted, cases involving name brand companies might give all employers a reason to examine "their own culture and policies to try to prevent” such behavior from happening in the first place, Raghu told Money. Of course, the EEOC report clearly shows that it will take more than sensitivity training classes to make a difference.
Retaliation is also at the heart of Carlson's complaint, The Times reports. She refused to cooperate with Ailes' advances, and as a result, her contract was not renewed. Plaintiffs have found it easier to win a retaliation claim than the original discrimination claims, especially after a Supreme Court ruling in 2006 made it easier to prove retaliation.