Sexual Harassment: Why Men Are Rarely The Accusers

KANSAS CITY, KS — As the nationwide #MeToo movement on Twitter extends into the entertainment industry, newsrooms, board rooms and offices of elected officials, a clear pattern has emerged: The alleged harassers are seemingly always men. But that changed last week when Andrea Ramsey appeared to become the first female politician to join the growing list of political figures felled by years-old accusations of using their positions of power to harass or sexually exploit subordinates.

The accusation against Ramsey on the surface might appear extraordinarily rare, but according to surveys and a veteran workplace discrimination attorney, many men also experience sexual misconduct in the workforce. They just aren't coming forward, often times out of fears they'll be mocked or emasculated.

Campaign Ends For Woman Accused Of Sex Harassment

In his lawsuit against LabOne more than a decade ago, Gary Funkhouser accused then-executive vice president of human resources Andrea Ramsey of sexually harassing him and then retaliating when he rebuffed her advances. After reporters questioned her about the allegation, Ramsey last week dropped out of the Democratic primary race to challenge Republican Rep. Kevin Yoder. Yoder represents the 3rd Congressional District, which includes Kansas City, Kansas.

Ramsey vehemently denied the accusations.

"He named me in the allegations, claiming I fired him because he refused to have sex with me. That is a lie," she wrote in a letter to 3rd District voters.

Funkhouser and LabOne agreed to dismiss the case after mediation in 2006. The Kansas City Star reported, citing multiple anonymous sources, that the two sides settled.

How Many Men Say They Were Sexually Harassed?

According to figures provided to Patch, men such as Funkhouser account for roughly 16 percent to 18 percent of the sexual harassment charges filed every year with the U.S. Equal Employment Opportunity Commission.

A study on workplace harassment last year by the EEOC said a Merit Systems Protection Board survey found 15 percent of male federal workers in 1981 reported experiencing "unwanted sexual attention or sexual coercion." Seven years later, that number was 14 percent and in 1994 that figure jumped up to 19 percent, with nearly one in five male federal workers reporting they had been sexually harassed on the job.

Christopher Booth, of counsel to Derek Smith Law Group and who is based in Philadelphia, told Patch his firm handles hundreds of workplace discrimination cases every year, including sexual harassment accusations. While roughly two-thirds of the sexual harassment calls the law firm receives come from women, Booth said men account for the remaining third. The difference, he said, is their cases don't get the same amount of publicity. And many men are, frankly, reluctant to speak out.

"Men are less likely to report sexual harassment because of the perception that they may think or other people may think they aren't as manly or macho," he said. "So they might not be as forthcoming with some of the comments that some of their female supervisors are engaging in."

A summer 2017 survey by the Pew Research Center found 7 percent of men reported experiencing sexual harassment at work. Similarly, an NPR/PBS NewsHour/Marist poll last month found 9 percent of men claimed they were the target of unwanted sexual advances in the workforce.

For context, between 42 percent and 44 percent of female federal workers reported sexual harassment in the Merit Systems surveys, and 35 percent of women said as such in the NPR/PBS NewsHour/Marist poll. That number was 22 percent in the Pew survey.

Furthermore, the EEOC study said roughly 75 percent of all people who experienced harassment never told a supervisor, manager or union representative.

"Employees who experience harassment fail to report the harassing behavior or to file a complaint because they fear disbelief of their claim, inaction on their claim, blame, or social or professional retaliation," the study said.

What Does Sex Harassment Against Men Look Like?

Booth, 52, who has been a workplace discrimination attorney for 27 years, said the industries that tend to see the most sexual harassment cases against women are law enforcement, food services and hospitality, where women are often in supervisory roles.

In law enforcement, some women in positions of authority try to fit in — or not fit in — with the guys by engaging in conduct and comments that are inappropriate, Booth said.

"It can be very explicit comments relating to what they're going to do with their genitalia. How large their genitalia is. How often they engage in sex," he said.

Booth added: "Some of the comments that ultimately bring men in to the office are very explicit comments that just really cross the line more than the banter that may go back in forth in the office place between males and females."

Some of the law firm's male clients have reported unwanted touching, such as on their shoulders or hands, similar to what women go through. Both men and women begin to seek legal help when they fear retaliation, Booth said.

A Long And Arduous Process, With No Guarantees

Many claims are filed both with the EEOC and the state or local government agencies that investigate claims of unlawful discrimination, harassment and retaliation.

An EEOC investigation often triggers a mediation effort to get the parties to come to an agreement. If that's unsuccessful, the government agency investigates the claims. If no reasonable cause is found, the EEOC issues a right-to-sue letter, and that's when the accuser gets to file in court. In the Philadelphia area, that process can take up to a year.

For Title VII claims, Booth said the EEOC requires accusers to file their claim within 300 days from the date of the harassment or discrimination incident — and the state and local commissions could require that claims be filed even earlier.

"The clock may be ticking and the client doesn't even know it," Booth said.

Many cases don't ever make it to court and settlement amounts vary case by case. Plaintiffs can receive damages, including compensatory damages, punitive damages and attorney fees. Compensatory damages include both lost wages and emotional damages. Lost wage damages can include both back-pay and front-pay, depending on the circumstances, Booth and Samuel Wilson, also of Derek Smith Law Group, told Patch.

The cases filed with the EEOC aren't made public, but data showed that more than half of EEOC cases are found to have no reasonable cause, meaning investigators determined their was insufficient evidence to support the claim. Even if the case is found to have no reasonable cause, a right-to-sue letter is still issued and the claims can be filed with the appropriate court.

When reached via Facebook Messenger, a staffer said Andrea Ramsey's campaign wouldn't comment beyond the Facebook post.

When Patch called a phone number associated with Gary Funkhouser, a woman who identified herself only as Meredith answered and said: “We’re not giving out his number and I’m officially allowed to say he has no comment."

Patch reached out to the National Women's Law Center for comment and will update when we hear back.

Click here to read the full Kansas City Star article.

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