Wednesday, October 10, 2018
In the year since, the global conversation about sexual harassment — and worse — has shifted, but the lasting impact of the moment remains unclear.
From Stockholm to Seoul, from Toronto to Tokyo, a torrent of accusations has poured forth. Survivors spoke out, and many were taken seriously. Powerful men lost their jobs. A few went to prison. How diverse societies — some liberal, others conservative — saw sexual harassment seemed to be changing.
On Friday, a year after the New York Times and the New Yorker published their stories about Weinstein, two activists who have sought to end sexual violence in conflict zones — Congolese gynecologist Denis Mukwege and Yazidi assault survivor Nadia Murad — were awarded the 2018 Nobel Peace Prize.
But for all the early anticipation that things had changed forever, in many countries the #MeToo movement either fizzled or never took flight.
This week marks the one-year anniversary of Harvey Weinstein’s fall from grace, after the New York Times published a bombshell investigative article about a lifetime of egregious sexual misdeeds. One year later, the #MeToo movement came into sharp contrast with the GOP-controlled Senate, which voted to elevate Judge Brett Kavanaugh to the US Supreme Court despite credible allegations of sexual misconduct. But while we ponder questions big and small about the problem of sexual misconduct and how to deal with it, courts continue the everyday work of hearing sexual harassment cases. In a recent case, EEOC v. Favorite Farms, Inc., a federal district court in Florida did exactly that, refusing to grant an employer’s motion for summary judgment in a workplace rape case that deserves a full trial on the merits.
The Equal Employment Opportunity Commission (EEOC) recently announced how the #MeToo movement has impacted its enforcement efforts, which has implications across the country and particularly in corporate America.
Not surprisingly, the heightened awareness about sexual harassment-including what constitutes harassment and the harm it inflicts-generated by the #MeToo campaign has resulted in the EEOC filing "a 50% increase in suits challenging sexual harassment over FY 2017." More broadly, the total number of EEOC Charges of Discrimination alleging sexual harassment increased by about 12% from last year, and the EEOC found reasonable cause to believe discrimination had occurred in nearly 20% more charges in 2018 than in 2017.
Allyson Hobbs, One Year of #MeToo: The Legacy of Black Women's Testimonies, New Yorker
We can create a more inclusive narrative. As the legal scholar Kimberlé Crenshaw recently argued, “black feminist frameworks have been doing the hard work of building the social justice movements that race-only or gender-only frames cannot.” To do better by all women, we must listen and recognize the historical and contemporary circumstances that shape their experiences and have real consequences on their lives. The historian Elsa Barkley Brown has written, “We have still to recognize that being a woman is, in fact, not extractable from the context in which one is a woman—that is, race, class, time, and place.”
The House and the Senate passed two different bills earlier this year—but months after those votes, lawmakers are doubtful that they can reconcile the two pieces of legislation before the midterm elections.
“Here on Thursday, there is this very high-profile hearing and questions of sexual harassment, and yet Congress is allowing this bill to deal with sexual harassment in Congress [to languish],” said Meredith McGehee, the executive director at Issue One, a government watchdog group that advocates for stronger ethics laws.
Sen. Roy Blunt (R-MO), who along with Sen. Amy Klobuchar (D-MN) is overseeing the process of reconciling the House and Senate versions, predicted that the effort would not be completed before the midterm elections.
“[The] discussion continues to be active,” he told The Daily Beast. “I think we’ll get this done, but I do not think we’ll get it done before the election.”