Sexual Harassment in the Hawaii Legal Community

• Publication year: 2018
• Citation: Vol. 22 No. 05

Sexual Harassment in the Hawaii Legal Community

by Kimi Ide-Foster and Michi Momose

In recent months, the "#MeToo" movement has propelled itself to the forefront of the nation's collective consciousness. It has engendered a more open conversation about sexual harassment, sexual assault, and rape culture than ever before. In an unexpected twist, the era marked by President Trump's presidency has also become the era in which nearly every day one or more powerful figures are finally called to account for what is often decades of unacceptable behavior. The names of the accused are splashed across headlines, the women and men behind the "#MeToo" movement have been hailed as the "Silence Breakers", and the movement is only gaining momentum as it rolls through virtually every industry in the United States.¹

"This reckoning appears to have sprung up overnight. But it has actually been simmering for years, decades, centuries. Women have had it with bosses and co-workers who not only cross boundaries but don't even seem to know that boundaries exist. They've had it with the fear of retaliation, of being blackballed, of being fired from a job they can't afford to lose. They've had it with the code of going along to get along. They've had it with men who use their power to take what they want from women.²"

In light of the national conversation, Hawaii Women Lawyers ("HWL") recently conducted a survey of its members as to the incidences and experiences of sexual harassment in the legal community.³ Seventy-six attorneys responded to the survey. Just under 60% (42 attorneys) reported being sexually harassed at some time during their legal career, with approximately 13% (10 attorneys) reporting having been sexually harassed in the workplace within the last two years. Some attorneys reported multiple incidents for the requested time periods. For harassment within the last two years, approximately 40% of the reported incidents involved a partner, senior attorney or other supervisor, 30% involved a co-worker, and 20% involved opposing or other counsel. For harassment that occurred at any time in the attorney's legal career, 30% of the reported incidents involved a partner, senior attorney or other supervisor, 17% involved a co-worker, and 23% involved opposing or other counsel. There were also incidents reportedly involving judges, other court officers, clients, and others.

The reported experiences varied, including assault, sexual comments, and unwanted advances. The following excerpts are taken from survey responses. Some have been edited for length and/ or clarity

During a work trip, a partner offered to walk me to my hotel. We had been drinking. Against my better judgment, I allowed him in my room. He tried to push me against the bed to get behind me even though I said no. I told him to leave. He pleaded to spend the night and said nothing had to happen, but then, he finally left. This same partner has also touched my leg under the table at

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