As more and more accusations of sexual harassment come to light, we wonder “is this the tipping point?” We’ve seen more and more women coming forward to tell their stories, to speak out against the famous men they accuse. This week alone we saw women come out against the President of the United States, Chef Mario Batali, Tavis Smiley and now filmmaker Morgan Spurlock confessed he has been accused of rape and settled a sexual harassment claim.


In some cases we’ve seen swift action against the accused (Batali stepped aside from his companies, Matt Lauer was quickly fired), but then we also see the women who pointed to Roy Moore and the President brushed aside and even called liars. So when is the tipping point?  When will every woman feel like if she comes forward, she’ll will be believed, and supported?  When will women feel like they don’t have to keep their stories under wraps? Take Salma Hayek. She just wrote a stunning piece in The New York Times titled, “Harvey Weinstein” Is My Monster Too.” If Hayek, a powerful, successful woman in Hollywood felt she had to keep her story under wraps for years, when will other women feel confident telling their stories? Think about what your family, friends and co-workers would do. When will they feel safe to speak out?

We posed this question to Kerri Stone, an employment law professor at Florida International University.  Here’s what she told us:

“In the wake of the recent spate of allegations and admissions of sexual harassment and assault swirling around high profile people like Matt Lauer, Harvey Weinstein, Kevin Spacey, and Louis C.K., it is important to remember that these types of traumas play out on much smaller stages every day in the American workplace. With more and more victims feeling emboldened enough to step forward, name their abusers, and demand justice, it is natural to hope and expect that more everyday people will feel empowered to call out sexual harassment, assault, and abuse, and vindicate their rights in the workplace and elsewhere.

There are several basic points that anyone who has been a victim should understand before proceeding. First and foremost, victims of this kind of behavior are best served seeking medical advice or attention as needed, be it for their physical condition or their mental condition. Secondly, if someone believes that they have been the victim of behavior that is rendered criminal by statute, she is best served bringing her situation to the police. In terms of reporting behavior at work, it is very important to report according to a given employer’s stated protocol. Does your employee handbook or other notifications direct you to a specific person or department? Must a complaint be in writing? One is best off sticking with protocol. It is advisable to keep dated detailed, contemporaneous records that document any incidents of harassment, assault, or abuse. These should be kept in a place where your employer may not access them, like a notebook you carry with you or a private computer in your home, and they may come in handy later for establishing and recalling important details in a  demonstrably reliable way.

“The bottom line is that while the media accounts of high profile accusations is heartening, and some kind of tipping point may have been reached in public discourse…”

Kerri Stone, Florida International University

It is inadvisable to share accusations with anyone with whom you are not required to report to or share with. The old adage “loose lips sink ships” can really ring true in a gossipy workplace, and having others know about what’s going on in a way that works around or contravenes protocol and established lines of communication can really be harmful. While laws that prohibit retaliation for making a claim exist, they may not operate the way in which you think they do or protect you from all of the contingencies that you fear. In an ideal scenario, you would have an attorney counseling you through all of these processes, and the fact is that you may require one down the line anyway if you decide to sue your employer in tort or for sexual harassment. In theory, once a complaint has been properly registered, it is incumbent upon the employer to investigate and handle it.  As this occurs, the complaining victim is supposed to be insulated from anything retaliatory, so her professional status with and treatment by the employer should be static. The reality is, however, that you should brace yourself for fallout that can range from subtle hints of gossip about what you have alleged and changes in others’ behavior toward you, to shocking retaliatory behavior that may very well be unlawful. The bottom line is that while the media accounts of high profile accusations is heartening, and some kind of tipping point may have been reached in public discourse about and de-stigmatizing of this issue, accusing a supervisor or co-worker of sexual harassment, assault, or abuse is a daunting prospect that all employers should work on making easier.”

Disclaimer: The information in this article may not reflect the law in your jurisdiction currently; it is not intended to be legal advice in any way, and it is provided for general informational purposes only. This article is not intended to be a substitute for legal counsel on any subject matter.