Why employees don’t report workplace sexual harassment?: Learn from Brooklyn Nine-Nine

A common misconception amongst people is that laws by themselves can solve social problems. The POSH Act was enacted to ensure a safe workplace for women, free of sexual harassment. However, as the Supreme Court recently observed, underreporting of such cases is a concerning issue. Till such acts are reported and workplaces act on them, the purpose of the law will remain unfulfilled. 

The US cop sitcom, Brooklyn Nine-Nine, in its aptly titled episode “He Said She Said”, can help us understand certain issues that prevent employees from speaking up about sexual harassment. Despite being set in a different country with a different redressal mechanism, its insights into the apprehensions in a complainant’s mind, and how they can be addressed, are relevant for employees, management, and HR leaders everywhere. 

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The episode features the detectives investigating a case where a woman, Keri, breaks her colleague Seth’s penis. She claims to have done it in self-defence, as he sexually assaulted her. Keri herself is in two minds about pressing charges, as she is offered an NDA and a considerable amount of money by her workplace in return for keeping quiet. She is aware of how such situations go down, and how it is probable that Seth may not be convicted on her word alone. Regardless, encouraged by the police, she agrees to go ahead with her complaint, as she does not want her assaulter to go free. 

What follows is a sharp depiction of reasons that generally prevent employees from reporting instances of sexual harassment: 

Fear of not being believed 

Many victims don’t speak up because they are afraid of not being taken seriously. Throughout the episode, it is clear that no one in Keri’s firm believes her. Worse, no one wants to believe her. No one in her workplace seems to care that she may be right. Her colleagues choose to take Seth’s side by default. 

Fear of retaliation 

Many victims of harassment fear reporting as they fear retaliatory accusations against them. In this case, Seth already has filed a case of assault against Keri. In fact, the workplace supports his claims and goes on to make the decision to fire Keri under the excuse of “zero tolerance for violence”, as she refuses to sign their NDA and chooses to speak up about what happened to her.

Soumi Guha Thakurta, Advocate & PoSH Consultant says: 

Regrettably, we still find cases where women cannot take the step to lodge a complaint before the ICC in case, she has faced harassment at her workplace. The major reasons that I personally feel are that they will be ostracized by society, or their career will be adversely affected, they fear losing their jobs. They also fear of subjected to ridicule after lodging the complaint. Though the act specifies that confidentiality has to be maintained yet it’s like a Chinese whisper, somehow or the other the office colleagues get to know. 

Lack of support from the workplace 

Keri’s workplace does not support her at all. While it is true that workplaces must remain neutral and respect the principle of ‘innocent until proven guilty’, it is also true that matters of sexual harassment cannot be trivialized, and a certain level of support from the workplace is imperative. Keri’s workplace, far from treating her complaint seriously, actively strategizes so it cannot move forward. Their offer to her for keeping quiet immediately makes it clear that they care more about their sense of reputation than their employees’ well-being. 

Also read: Why are PoSH awareness sessions important? 

Lack of support from colleagues 

When the higher-ups at a workplace do not take matters of sexual harassment seriously, all too often, neither do employees. Keri’s colleagues are all coached by the company lawyer on what to say during interview rounds during the investigation. This results in every employee saying the same thing about the case- “Seth is a good guy. This is an extremely professional workplace.” 

Negative impact on career progression

In the end, even though the police are successful in finding evidence to help Keri’s case, and the case is going to court, she decides to quit her job. She feels she is only looked at as a victim or a traitor, and the whole atmosphere around her has changed. She is not part of text chains anymore, and not invited to parties. In professional spaces, informal channels can be important avenues for networking and career progression. Recognizing that the social backlash may lead to her career progress being stunted, she is forced to quit and work elsewhere. She ultimately pays a huge price for standing up for herself. 

Beyond the Law

Law definitely has an important role to play in affecting social change. What this episode successfully shows is that cultural and social factors are equally, if not more important, in ensuring that the change actually occurs. Sexual harassment law alone cannot encourage victims of sexual harassment to speak up. It is only when their workplaces truly support them that they can come forward without fear.

Importance of Workplace Culture 

Workplace culture determines the norms of the workplace. It determines the kind of behavior that is tolerated and the kind of behavior that is not tolerated. When Keri put forth her allegations, and her workplace offered her money to keep her quiet, and later fired her for being violent, they clearly communicated that her complaint would not be tolerated. When her colleagues agreed to be coached by the workplace lawyer and closed ranks behind Seth, they communicated that Seth’s behavior would be tolerated.

Aparna Asokan, Lawyer & PoSH Consultant says: 

In my experience, very often women hesitate to make a formal complaint of workplace sexual harassment for two reasons. Firstly, there may be a fear of retaliation and professional loss. The second reason is the stigma associated with such reporting. The fear of victim-blaming or others “not believing” their story is unfortunately very real amongst victim-survivors. 

It is only when workplaces can establish a culture where complainants have a fair chance of being heard, that complainants will feel safe about reporting. Workplaces don’t have to say “I believe you. You are right,” but they do have to say, “I believe that you have an equal chance of being right as the person you’re accusing. I believe that you deserve fair and impartial treatment. I believe that sexual harassment is detrimental to you and me. I believe that we must get to the bottom of this.” 

Workplaces need to ensure that they develop a culture where employees feel safe in calling out inappropriate behavior. They need to ensure a culture where complainants are not punished for reporting instances of sexual harassment. They need to ensure a culture where employees truly believe that they can speak up, not just because a mechanism is in place, but because the people and the culture surrounding that mechanism are supportive. 

Also read: PoSH Updates: Constant need for change in the PoSH policies

How can Ungender help you? 

At Ungender, we understand the importance of an inclusive and respectful workplace. Our experts offer customized solutions to help you build an organization that fosters open communication and inclusivity so that each member of your team feels valued and empowered. 

We also offer tech solutions such as a confidential complaint filing and redressal mechanism and an anonymous grievance redressal portal for your team. Interested in knowing more about solutions get in touch with us. 

Written by: Shambhavi Rai