Exploring the impact of #MeToo in business, the guests talk about workplace harassment, legal negotiations, non-disclosure agreements, addressing inappropriate behavior, cultural change, and the problems with NDAs.
The #MeToo movement has led to a shift in social attitudes towards sexual harassment, forcing businesses to reevaluate how they handle such cases.
The use of non-disclosure agreements (NDAs) in cases of workplace harassment is being questioned, as they can silence victims and protect perpetrators.
Deep dives
The Shift in Social Attitudes towards Sexual Harassment
Over the past year, there has been a significant change in social attitudes towards sexual harassment and bullying. Boundaries regarding what is considered acceptable behavior have shifted, with actions such as inappropriate touching and degrading sexual banter now widely seen as unacceptable. Additionally, there has been a shift in expectations for victims, with an increasing number of people choosing to speak out against inappropriate behavior rather than remaining silent. This recalibration of social attitudes has had a profound effect on businesses, forcing them to reconsider how they handle such cases and discouraging practices like paying off perpetrators and silencing victims.
The Impact of Non-Disclosure Agreements (NDAs)
Non-disclosure agreements (NDAs) have often been used to silence victims and protect perpetrators. However, their effectiveness and ethical implications in cases of sexual harassment and misconduct are being questioned. NDAs can prevent victims from speaking publicly about their experiences, allowing problematic behaviors to go unnoticed and patterns to continue. Furthermore, NDAs can have unintended consequences, such as victims being unable to defend themselves against false perceptions or rumors that may arise in future interview situations. In light of these issues, there is a growing call to reassess the use of NDAs in cases of workplace harassment.
Changing Corporate Culture and Responsibility
The MeToo movement has highlighted the need for both individual and organizational responsibility in addressing workplace harassment. Companies should take a proactive approach, fostering environments where employees understand and respect acceptable behavior. This includes challenging the notion of banter and recognizing that professional behavior should be maintained both inside and outside of the workplace. Creating a culture where individuals feel comfortable speaking up and reporting inappropriate behavior is crucial, and organizations should prioritize the identification and removal of individuals with harmful traits, such as psychopathic or sociopathic tendencies. Companies need to not only adopt policies against harassment but also actively promote psychological safety and support for victims.
Has the #MeToo movement made businesses change the way they deal with sexual harassment and gender equality claims in the workplace? Does the law around non-disclosure agreements - often used to hush up this kind of behaviour - need to be changed? Evan Davis and guests discuss.
GUESTS
Samantha Mangwana, Employment Lawyer, Partner, CM Murray
Zelda Perkins, Campaigner and Theatrical Producer
Octavius Black, CEO and Co-founder, TheMindGym
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