Recent allegations of a “rape table” by customs agents in Newark Airport and a “kink room” at a startup in Silicon Valley shows that harassment in the workplace sadly continues in 2017 and has become even more outrageous and institutional.
In the first instance, the Department of Justice recently issued a statement announcing that two new male Custom and Border Protection officers working at Newark Liberty International Airport alleged that their male peers hazed them by, in part, pinning them to what was called the “rape table” and simulated sex acts on the employees.
The officers were arrested and charged with “forcibly assaulting, impeding, intimidating, and interfering with two men” while they were engaged in their duties as officers, according to the Justice Department statement.
On the other side of the country, outrageous acts of alleged harassment were alleged against the virtual reality startup firm UploadVR, court records show.
A former female employee claimed in a lawsuit that there was “rampant sexual behavior and focus” in the UploadVR office that she said created an “unbearable environment.” She claimed the environment was so perverse that the office had a room, dubbed the “kink room,” where employees were encouraged to have sexual intercourse in the workplace.
After she complained about the misconduct, she was fired.
UploadVR initially responded to the complaint by saying that their employees were their greatest asset, claiming the allegations were “entirely without merit.” But later, the company apologized saying it “let you down.”
Many times, when I investigate an allegation of harassment that is founded, it is what can be described as a one-off, and the person committing the misconduct knew that such behavior was wrong and unacceptable in the workplace, but let his or her own interests take over.
In these cases, and many others that I have witnessed more recently, there is what can be described as institutional permissive abuse. If there was proper oversight, leadership and accountability, there would be no “kink room” or “rape table.”
Employers who allow such misconduct to go unaddressed, can expect this type of abuse to occur. If left without expectations and accountability, institutional bullying and abuse likely will occur.
Too often organizations say, “You don’t understand our culture. This is how we act. Everyone understands that.”
No organization is exempt from the legal requirement of being free from a hostile work environment – not the public sector (including police, fire and public works) and not the private sector (including blue collar and construction jobs). Whether in Silicon Valley or small-town Iowa, the law requires and expects that all employees be free from sexual misconduct and abuse.
Organizations should demonstrate its high expectations of a respectful workplace by not just conducting regular training with all members of management and staff, but keep those expectations in the forefront by making meaningful and regular efforts to reinforce expectations.
In addition, they must immediately hold those accountable who violate those expectations, even in the slightest.