Why it Remains a Pervasive Issue in
the United States and the European Union

            Unsolicited
sexual harassment, especially toward women, has been a serious and harrowing
issue all around the world for centuries. Title VII of the Civil Rights Acts of
1964 in the United States defines sexual harassment as unwelcome advances,
requests for sexual favors, and other verbal or physical conduct of sexual
nature that create offensive or hostile environments (1964, 3). This includes
any instance of verbal
harassment, molestation, rape, etc. that violate the victim’s dignity while
creating a hostile, humiliating, or degrading environment (European Institute
for Gender Equality). Sexual harassment has taken many shapes and forms
throughout history but one fact remains, women are exploited and discredited
while their harassers are more than often unaffected. Women have not been properly
represented and advocated for within their respective countries and their
voices have been silenced. They have not had a platform to advocate for
themselves as well as others because most of the time, their accusations are
ignored, discredited, and they are forced to hide their pain and suffering.

Both
the United States and the European Union have laws and legislature in place
that prohibit institutions, like schools and workplaces, from having any gender
discrimination and encourage the protection of women’s rights. Additionally,
countries in the EU have ratified convention such as the Convention on the
Elimination of Discrimination Against Women (CEDAW). However, these measures
have been ineffective because there is a severe lack of regulation of these
laws and conventions and no monitoring of how they are being implemented.
Sexual harassment rates rise steadily in both these regions as over sixty
percent of women in the US and EU have been sexually harassed in their lifetime
(Clarke 2007, 1) and something must be done about it. Thankfully, testimonies,
particularly from the past few years, have sparked the creation of movements
that shed light on the horrifying instances of sexual harassment of women
around the world and expose the individuals behind such abominable acts.
Widespread movements, such as #MeToo and Time’s Up have given victims a
community to heal and a voice through which they can combat sexual harassment
both in and out of the workplace. There would not be a need for movements like
these if harassment and assault were not a prominent issue. Sexual harassment
remains a pervasive issue in both the United states and the European Union
because, even with conventions, laws, and legislature in place, the lack of
regulation, limited monitoring of implementation, and an absence of national
recognition leave victims alone in their fight.

            Sexual
harassment comes in many different forms and comprehending them is the first
step toward understanding the magnitude of this issue. By comparing how both
the United States and the European Union define sexual harassment, we can begin
to analyze the inner workings of each country in regard to sexual harassment.
Cases of sexual harassment are always unsolicited and unwelcome according to
the United States Equal Employment Opportunity Commission (EEOC). Moreover, the European Institute for Gender
Equality defines sexual harassment as a form of gender based violence including
acts of unwanted physical, verbal, and non-verbal conduct, which have the grounds
or effect of violating the victim’s dignity while creating a hostile or
degrading environment (EIGE 1). A key word used in the definition of both the
US and the EU is unwelcome. The word unwelcome emphasizes the victims’
discomfort and feelings of entrapment. However, it is not the same as
involuntary because a victim may have agreed to certain things before realizing
it was offensive or potentially dangerous. The main difference between these
two interpretations is their focus. The US centralizes on the act of sexual
harassment while the EU concentrates on the results.

            Additionally,
there are two main distinctions of sexual harassment that apply to both the EU
and the US. The first is the private sphere. This level details sexual abuse in the
home or private life of an individual. A study conducted by Quinnipiac
University revealed that fifteen percent of women who have been sexually
harassed and/or abused said it happened at home. (Frederick, 2) People often
forget that some instances of harassment occur within the victims’ homes
because most cases of sexual assault occur in the second sphere, the public
sphere. This form involves instances of verbal harassment, sexual advances,
molestation, rape, etc. that occur in the general community (RAINN). Also included
in the public sphere is sexual harassment in the workplace. United States law
recognizes two kinds of sexual harassment within the workplace, quid pro quo
sexual harassment and hostile work environment. Quid pro quo involves an
employee that has to tolerate and endure sexual harassment in exchange for
employment, a promotion, a raise, etc. Hostile work environment, as defined by
US law, is an offensive work environment that hinders an employee’s performance
as a result of sexual harassment in the workplace (Title VII). On the other
hand, the EU does not recognize different forms of sexual harassment in the
workplace and uses a general definition. This is a huge part of the problem
because the lack of distinction and recognition generates apathy and people
forget that sexual harassment in the workplace is an entirely different issue
on its own.

            The impact
of sexual harassment on survivors is severe and can range from depression and anxiety to post
traumatic stress disorder (PTSD). Victims can grow to fear physical and sexual
conduct and avoid leaving their homes (Thomas, 143). According to Equal Rights
Advocates, a women’s law center in the US, one in four women, between the ages
of 18 and 35, have been sexually harassed in the workplace. This is only a
statistic those who have reported sexual assault and, sadly, many women hide
their pain and suffering out of fear. Additionally, this ratio gets slimmer as
the women get older. The likelihood of women experiencing sexual harassment in
or out of the workplace gets higher the older they are. If a study were
conducted on women ages 18 to 75, the ratio would be closer to one in two
women.
95 percent of
these women suffer from debilitating stress reactions including anxiety,
headaches, sleep disorders, weight loss or gain, depression, and fear of
physical/sexual contact, as mentioned earlier (Equal Rights Advocates).

            Furthermore,
the European
Union Agency for Fundamental Rights (FRA) concluded that around 90 million
women in all EU Member States have experienced at least one form of sexual
harassment since the age of 15. That means that almost 60 percent of women have
been sexually harassed. These statistics prove that having ratified a
convention such as CEDAW has little to no effect on harassment and assault if
there is no implementation and hard-set guidelines. Sexual harassment has a
disheartening effect that hinders women from asserting themselves within the
workplace. Among men, it reinforces the stereotypical view of women as objects.
Extreme sexual harassment creates hostile or intimidating work environments
that cause women to quit their jobs and look for another one or it discourages
them from seeking jobs altogether. Women are too afraid to speak out about the
issues they’re facing because they do not want to lose their jobs but if it
gets too intense they feel as there is no other option but to quit. For most of
American and European history, women quietly endured mistreatment and
harassment in the workplace, with little to no protection or way out. By the 1920s, working
women were advised to quit their jobs if they cannot handle sexual advances
(Hill, 2). These traumatized women, some of which are single mothers, lose
their source of income because their voices are silenced and they cannot
advocate for their rights. Moreover, sexual harassment at work can have major
consequences not only for the victim but for other working women who witness
it. Like the harassed individuals, women try not to draw too much attention to
themselves to avoid being sexually harassed as well. This hinders them from
performing their best because they do not want to stand out, even if it means
sacrificing potential promotions, raises, acknowledgements, etc. (Webb, 52)
These women are exploited and mistreated because they have no one to fight for
them as laws against sexual harassment both in the US and the EU are not
adequately enforced.

            The
Convention on the Elimination of Discrimination Against Women (CEDAW) is an
international treaty that was adopted by the United Nations General Assembly in
1979. It outlines discrimination against women and calls for national action to
end gender based discrimination, harassment, and violence. Additionally, it
requires
States Parties to legislate provisions, programs, policies, and strategies
which prohibit sexual harassment in all spheres. The United States was one of
the first signatories on the convention but still has not ratified it. The US
claims there are laws and regulations already in place that achieve what CEDAW
means to accomplish, one of them being Title VII of the Civil Rights Act of
1964. It aims
to eradicate sexual harassment in schools and workplaces. The goal of the
Sexual Harassment Policy, which is in effect at all schools and workplaces, is
to provide an environment free of sexual harassment, intimidation, and exploitation. However, it has not worked
effectively as sexual assault and harassment rates are steadily increasing. On
the other hand, countries in the European Union, such as France and the United
Kingdom, have signed and ratified CEDAW. After ratifying the convention, member
states are required to meet a series of conditions to end discrimination of
women in all forms. This includes assimilating gender equality into their legal
system, abolishing discriminatory laws and adopting appropriate ones,
establishing public institutions, etc.

            To monitor
the implementation of CEDAW, the Committee on the Elimination of Discrimination
against Women was set in place by the UN. It is comprised of 23 independent
experts from around the world that conduct observations and propose
recommendations to state parties. However, these observations are few and far
apart and the recommendations are not heavily enforced. The committee also
requests that reports be sent in every few years from all member states that
have ratified CEDAW yet many do not comply. If a country does not send in
general reports of how gender equality and anti-sexual harassment laws are
being enforced, the UN does not take any action. These countries are still considered
to have ratified the convention even if they are not adhering to the guidelines
set forth by the UN. I wanted to evaluate whether there is a correlation
between the rates of sexual harassment and ratification of CEDAW. I concluded
that there is no correlation between the two because the United States and
countries in the European Union have the same rates of sexual harassment and
assault. On average, over
sixty percent of women in the US and EU reported they have been sexually
harassed in their lifetime and sexual harassment rates have been steadily increasing
in both these regions (Clarke 2007, 1). This all leads back to the lack of
appropriate application and reinforcement, for both CEDAW and other legislature
like Title VII, that leaves victims and survivors of sexual assault unprotected
while the perpetrators get away with their crimes. Furthermore, the
unwillingness of national governments to properly implement and fully adhere to
regulations concerning sexual harassment in the workplace causes this issue to
remain pervasive.

            Sexual
harassment in the workplace is nothing new and has been an agonizing issue for
centuries, but it has seen a massive wave of attention and recognition recently
as celebrities, citizens, coworkers, and others use their platforms to advocate
for the rights of women around the world. The prevalence of workplace
harassment led to the creation of groundbreaking anti-sexual assault and
women’s empowerment movements such as #MeToo and Time’s Up. These movements, like many
others, would not be necessary if sexual harassment were not an issue or if it
were properly addressed by national governments and institutions. Celebrities
have stepped up and accused Hollywood producers, directors, and actors who have
taken advantage of their positions and sexual harassed women, such as Harvey
Weinstein, Louis C. K., and Kevin Spacey. Countless women have spoken out about
harassers, specifically Harvey Weinstein whose scandals triggered a series of
allegations against similarly powerful men around the world (Rodino-Colocino, 97). These events provoked the
creation of the #MeToo movement, a stand against sexual harassment,
specifically in the workplace. It started in the United States on social media
as a hashtag under which women would share testimonies about their personal
experiences with sexual assault, harassment, and rape in the workplace or a
professional setting. It provides a community of healing and lets victims and
survivors know that they are not alone in their pain. Celebrities are looked up
to and their seemingly perfect lives are envied. The #MeToo movement is
extremely powerful and shift our view of Hollywood’s elites. Their courage to
openly and so vulnerably share their experiences with the world gives women
hope. Through their stories, we can also see that fame and fortune does not
grant you a perfect life. Celebrities go through pain, discomfort, and fear
just like anyone else and this shows women that they can let their voice be
heard as well. Victims in European Union countries have found their voice just
as Americans through many powerful women’s declarations. The movement went
viral in October of 2017 and exposed the widespread prevalence of sexual
harassment. Since then, #MeToo has spread to over 200 countries and women in every
community, big or small have the courage to speak out and advocate for their own
rights (Edge, 22).

            In response
to the #MeToo movement and the Harvey Weinstein scandal, the Time’s Up movement was founded in January
2018 by Hollywood celebrities. Additionally, many A-listers have assisted in
the creation of the Time’s Up Legal Defense Fund. The fund provides legal
support, defense, and advising to victims of sexual harassment, assault, or
abuse in the workplace. As of February 2018, Time’s Up has raised 20 million
dollars for its legal defense fund. It has also gained over 200 volunteer
lawyers who are going to work directly with victims to ensure their rights are protected
(Chu 2018, 16). When you visit the Time’s Up website, the first thing you see
is a quote that reads, “The clock has run out on sexual assault, harassment,
and inequality in the workplace. It is time to do something about it.” This
perfectly exemplifies the goal of the movement. The time is up on silencing
women and protecting abusers. It is time to make a change and take matters into
our own hands since governments refuse to acknowledge the
severity of sexual harassment and do something about it (Time’s Up Now).

However,
the #MeToo
and Time’s Up movements have caught plenty of negative backlash. Many men and, surprisingly,
even women argue that these movements are unnecessary. Their claims range from
attention seeking to pushing an extremist liberal agenda. The individuals who
push back are not educated on the goals these movements. Many individuals have
claimed that #MeToo and Time’s Up are only ways for women to get more attention
and fame by falsely accusing others. People in opposition claim that since
there is no proof of the assaults, other than women’s testimonies, how can they
believe them? Additionally, men argue that accusations make male workers and
executives have to avoid women in the workplace completely. They claim there is
no communication between males and females unless it is directly related to
work and this can hurt their work performance (Rodino-Colocino, 98). Nevertheless, the opposition to
the movement has only given women a bigger reason to fight for their rights and
protection. There will always be antagonists but victims and supporters are
doing their part to lift their voices, especially for women who are teared down
and silenced.

            Additionally,
the #MeToo and Time’s Up movements have made their way across the pond,
literally. What started in the United States has made an impact all over the
globe as more than 200 countries have been actively raising awareness and
implementing the goals of these movements into their own communities (Edge, 22). The celebrities that have shown their support for the
cause, such as Angelina Jolie, Natalie Portman, Justin Timberlake, Sebastian
Stan, and many others, have utilized their platforms to advocate for an issue
that is not only current in the United States but it applies all over the world
including Europe. The global reach of these movements is massive and shows that
women refuse to be silenced and cast aside, rather we will unite our voices and
speak out for those who cannot. An example of the expansive influence of Time’s
Up and #MeToo is the creation of British versions of them. British media and
the entertainment industry have had a surge of simmering issues that leave
women feeling hopeful of meaningful change. European celebrities, including
Kierra Knightley, Emma Watson, and Daisy Ridley, are speaking out and demanding
action. By the end of January, the British Time’s Up initiative had gained the
support of over 50 internationally acclaimed women (Chu 2018, 16).They are uniting under this cause and
increasingly raising their voices in a post Harvey Weinstein age. Various
celebrities have reflected the support of Americans by wearing all black to the
BAFTA ceremony much like celebrities who wore all black to the Oscars and the
Golden Globes.These effects are
mirrored in various countries in the EU and the resulting awareness is causing
a change of drastic proportions. These movements have been able to achieve what
national governments and legislature have failed to do. They have given all
women a hopeful voice and have protected and defended them in the face of
injustice and sexual harassment.

            I believe
that there are many changes that could be implemented in both the United States
and the European Union to lower the rates of sexual harassment in the workplace
and, eventually, eradicate it. First, the United States
should recognize the flaws and failures of its laws to fully protect women and
eradicate sexual harassment in all spheres. They should take necessary measures
to ratify CEDAW and enact legislative provisions that ensure the safety of
women in and out of workplaces. There should also be proper punishment measures
set forth for the perpetrators, such as termination of employment and prison
sentences where necessary. Too many harassers get away with their crimes and
they must be stopped. I believe that the US should also allocate funds to
organizations, foundations, and movements like Time’s Up and #MeToo that
properly identify harassers and provide defense for the victims of sexual
assault. Next, countries in the European Union that have ratified CEDAW should
regulate and measure the extent of implementations within their respective
governments and institutions. I believe that EU countries would also benefit from
recognizing various forms of sexual harassment rather than relying on a general
definition. Additionally, the Committee on the Elimination of Discrimination
Against Women under CEDAW should recruit more members to monitor application of
the convention into law. They could also revoke the member states’ benefits of
ratification. If they have not made an effort to implement policies and no
change is detected, they should not be able to say they ratified the
convention.

            In conclusion, the prevalence and
pervasiveness of sexual harassment in both the United States can be attributed
to their lack of regulation of these laws and conventions and the absence of
implementation monitoring. Even so, the creation of movements such as Time’s Up
and #MeToo have aided in representing for the victims of sexual assault and
giving them a voice to speak out about their experiences. The lack of adequate
representation and advocacy in the US left women no choice but to speak out for
themselves and help others victims and survivors who have been silences. Their
stand was inspiring and other countries like the United Kingdom, France, etc.
mirrored their movements and efforts (Chu 2018, 16). This has been bringing
about the change that governments failed to. Through the strength and global
reach of these movement and fund the rates of sexual harassment and assault can
be significantly lowered. Additionally, the US and the EU would benefit from
implementing appropriate regulations to conventions, updating and revising
current law and legislature, setting adequate punishment measures for
perpetrators, and nationally recognizing sexual harassment in and out of the
workplace.

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