Our Changing Workplace Norms And The Coming Backlash

Our society is in the middle of a cultural transformation that is redefining what is or is not appropriate workplace conduct. Baby Boomer and Gen X women learned to tolerate sexual harassment (even assault) and gender bias as “just the way things are” because any one woman was simply unable to change the status quo and the legal system proved grossly ineffective at ensuring respect towards women.

The anger simmered just below the surface until recently when Millennial and Gen Z women opened the Pandora’s Box by doing what was natural for these digital natives; they went online and socialized the issues. All of a sudden, it wasn’t one woman fighting the establishment — it was millions of women organizing online to apply targeted pressure in just the right way to topple multiple CEOs, media personalities, actors, producers, and politicians. The powerful, even with an army of lawyers, are no match for the organized masses.

Yet despite #MeToo and the unleashing of women’s anger, a Supreme Court nominee was just confirmed despite credible claims of sexual assault. The President and U.S. Senate Judiciary Committee authorized a “whitewash” investigation to provide cover for their desired action. The investigation was not transparent nor was there any effort to address the lingering concerns of roughly half the population. It was a “wham, bam, thank you ma’am” investigation. Followed by the President apologizing to that nominee “on behalf of the nation” for having to endure the investigation. For many, this event caused the rage to boil over.

This zeitgeist moment will have a direct and immediate impact on workplaces. But how will it play out?

History is helpful to show us what comes next. In 1991, women were outraged as powerful men brushed aside the claims of Professor Anita Hill and proceeded to confirm Justice Thomas to the Supreme Court. What followed was an explosion of sexual harassment litigation — until employers and their lawyers created a process to manage and control these claims. Since the mid-90s, the “lawyer-driven workplace” has been the way for companies to manage risk, controlling 100% of the process through controlled investigations, forced arbitration, NDAs, and payouts.

But we asked the wrong people to solve for the wrong problem. The problem is not how best to defend companies from potential litigation. The problem is how do you change workplace behavior so people treat each other with respect and everyone can be productive in a safe environment? The actions companies need to take to defend a harassment claim are totally at odds with the actions companies need to take to change behavior and foster an inclusive workplace culture.

The lawyer-driven workplace has failed a generation of women.

Based on the early ’90s, we know what happens next. Fueled by rage, women will let it fly and sexual harassment claims will come pouring in. But this time, women won’t line up, one-by-one to participate in an opaque process that employers control 100%. Instead, women will tap into social media to air their grievances, out their harassers, and apply pressure in just the right way to bring accountability.

Employers’ days of managing sexual harassment by using heavy-handed risk management techniques are quickly coming to an end. The nature of the risk has changed and employers who wish to stay out of the headlines better figure out their new approach quickly. One suggestion? Start focusing on how to change behavior. How to teach your employees that times have changed. It’s time to develop people’s workplace skills around empathy and respect so we don’t fail another generation of women.