The recent flood of allegations of sexual harassment or assault by powerful men in Hollywood, Congress and television is helping to bring change.
With several big names paying the price for their wrongdoing, local lawyers specializing in sexual harassment cases are seeing heightened interest.
In the past, up to 50-70 percent of women who experienced sexually harassment at work failed to come forward due to societal pressures and unfavourable power dynamics in the workplace. But this is changing.
Jessica Pride, a San Diego lawyer who handles sexual harassment cases noted that their phones were “ringing somewhat off the hook right now.”
Women Will To Come Forward Now
Ever since the revelations regarding the sexual assaults by Hollywood studio mogul Harvey Weinstein became public in October, several women have begun to come forward with stories of the sexual harassment and assault faced by them.
Pride noted that although there has been an increase in the volume of calls, there is little that can be done in many of the cases since they are long past the statute of limitations in California which is two years.
So far no jump in lawsuits filed in local courts have been recorded but it will happen soon according to another lawyer. Lonny Zilberman, a lawyer with Wilson Turner Kosmo a San Diego law firm, said that the issue will remain in the public eye now.
Both lawyers agree that the #MeToo movement has helped bring about a sea change that is likely to impact the legal system as well.
Zilberman noted that “there are no free passes any more.”
Public Attention Already Impacting Cases
Pride pointed out that already the heightened media attention on stories involving sexual harassment or assault is affecting her cases.
She was handling a case against a local spa company regarding sexual misconduct when media reports on the sexual assault charges faced by Massage Envy an international chain of spas broke.
The chain is said to have faced nearly 180 lawsuits, regulatory complaints and police reports filed by women who claimed to have been sexually assaulted in its premises. Once the story surfaced, Pride found that the other side in her case quickly agreed to a settlement.
Winning Sexual Harassment Cases Still Difficult
Josh Gruenberg, a San Diego employment lawyer who dealt with several harassment cases noted that bringing and winning cases involving sexual harassment and assaults was still difficult.
He pointed out that the “tectonic change” being talked about may be limited to how corporates handle sexual harassment, as defense lawyers would continue to be “very aggressive” while defending their clients.
Gruenberg stressed that the reality of the situation for women bringing a sexual harassment claim was that “it is still a very hard legal battle.”
Changes In The Legal System Are Not Likely Soon
The actual impact of this change on the legal system or pending cases is yet to be ascertained.
An example could be the case filed by attorney Michael Conger against the City of San Diego on behalf of Nicole Pappas.
Pappas an emergency medical technician had tried to train as a city firefighter in 2015. Her class consisted of 36 candidates , of whom three were women. In her lawsuit she states that she had suffered wide-ranging harassment while in the academy:
- She was subjected to frequent comments about her body
- Obscene drawings were taped in the locker room and also e-mailed to her
- She was also subject to physical harassment such as being shoved and pushed
Lawyers appearing for the city have filed a motion to dismiss the suit.
Conger was hopeful that the public furore around sexual harassment cases in the past months will help bring “a sea change where women are treated more respectfully and equally.” He felt that it heightens awareness amongst public and helps juries “to know this is real and it affects people.”
