The Femme Files

Harmless Attention or Sexual Harassment, that is the question

In lieu of the sexual harassment scandals facing the former CEO of David Jones, Mark McInnes, the ladies at Femme Files have been pondering – Where is the line drawn between harmless attention and sexual harassment?

There are many definitions of what constitutes sexual harassment. The most common states “it is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favour.” 

The above definition suggests that harassment is quite clear cut – obviously threats, coercion or demanding sex in exchange for a higher wage or promotion is a blatant offence. However, “unwanted looks”, “inappropriate gestures”, and “suggestive comments” have also been deemed in the past to be sexual harassment. So, here lies the problem – the concept is entirely subjective and comes down to how the recipient interprets the conduct. Actions which might repulse some and be considered “sexual harassment” may not offend, but even be flattering to others.

C’mon ladies, is it really offensive if a colleague cheekily checks you out? Aren’t we constantly subjected to honks and looks when we’re walking down the street? Do we bring sexual harassment claims against these guys? No, because if you ask us, that would be a waste of time, energy and money.

Speaking of money, one can’t help but notice how the big guys in the big companies are often the ones who are the subject of a sexual harassment legal action. Once a person comes forward and the possible payout amount is disclosed, it seems that more plaintiffs jump on the sexually harassed bandwagon. It begs the question – if these guys weren’t rolling in it, would there be so many claimants? It seems that by simply making allegations against an executive in a Top500 company, the possibility of never having to work presents itself – and this is a temptation that some employees may find hard to resist.

We don’t want our readers out there to think that we are discrediting anyone who has been sexually harassed. To the women who have been sexually harassed and have come forward, we commend your bravery. To the women who are using sexual harassment allegations for monetary gains, we do not applaud you. Sexual harassment is serious and if the aim of taking legal action is to prevent it from happening to others, forcing the company that once employed the offender to pay out millions of dollars is not the solution.  Surely the key is to find directly against the offender and give the civil courts the ability to make orders for rehabilitation and community service, amongst other financial penalties.

But we are just one voice amongst millions – so Femmes, we’d love to hear your views on this very important issue!

Brianna Raich at the FF