Login
‘No doubt’ there are firms covering up sexual harassment
While the legal profession has progressed substantially over the past 15 years when it comes to addressing allegations of sexual harassment and other forms of workplace misconduct, it is likely that there are firms which still have skeletons in their closets, according to a Sydney-based employment partner.
Jerome Doraisamy
In conversation with Lawyers Weekly, Swaab Attorneys partner Michael Byrnes said that in the past there was a mentality that no one would believe a victim if he or she came forward with allegations against a senior figure, or “rainmaker”, in a law firm, as that person would be a “protected species” and would be shielded in order to protect the firm.
To continue reading the rest of this article, please log in.
Create free account to get unlimited news articles and more!
However, with the #MeToo and #TimesUp movements continually gathering steam, having expanded beyond Hollywood and popular culture and into broader corporate workplaces, including law, there has been a “real change and shift in mentality”, he said.
“The clear message is that those who have suffered at the hands of people like this will no longer be marginalised or not heard, not taken seriously or be told, in effect, that ‘this person is a protected species because of their power and status and capacity to generate revenue and business’.”
“I think firms are now looking at it slightly differently. If an issue arises, I think they are more receptive to saying, ‘Partner X did something wrong, it is in breach of our policies, it’s unacceptable, antithetical to our culture and values, and we won’t stand for it’. That is something that, years ago, a firm would never have done in the public domain, or [would do it] very reluctantly.”
“Now, they’re actually using it as an opportunity to say, in effect, we take these things seriously.”
However, when asked about whether he thinks there are law firms that either have covered up or are actively covering up offenses such as sexual harassment in-house, Mr Byrnes responded: “I have no doubt. I would bet my house on it happening.”
“There are lots of law firms and so I think it’s inconceivable that there isn’t at least one that isn’t in some way covering up unacceptable conduct that, if in the public domain, would lead to reputational damage for that firm,” he said.
“It’s too much of a Pollyanna approach to think there isn’t still some degree of cover-up happening, sweeping things under the carpet, in at least one firm, or probably more than one firm.”
With this in mind, and the fact that law firms are businesses which generate fees and revenue, it is crucial for lawyers and those firms to remember that law is also a profession of people, he said.
“As lawyers, we have obligations to look out for each other, be collegiate, respect each other and not stand by and allow instances where a lawyer – particular a junior or vulnerable lawyer looking to establish their career – can be sexually harassed or bullied,” he advocated.
“It is incumbent, I think, on lawyers not to just stand by and allow that to happen, but to actually take positive steps to ensure that action is taken in relation to such conduct, and that lawyers who are subject to conduct of that kind are then given the assistance they need to get back on their feet and pursue this profession to the best of their ability, unhampered or unimpeded.”
For a more in-depth discussion on this topic, listen to the latest podcast episode of The Lawyers Weekly show, featuring Michael Byrnes, on the topic of workplace policies for sexual harassment and misconduct in the post-Weinstein era.
