Like everyone, I’ve watched the events at Penn State unfold with shock. As an employment lawyer, there was one aspect of this case that was troubling but, unfortunately, not surprising.
Do you recall the portion of the report commissioned by the university that detailed the experience of two janitors in the Penn State athletic department? One of the janitors witnessed an incident of child rape. He was a Korean War veteran. He told his fellow custodian about it. He said that it was most horrible thing he had ever witnessed, worse than the hell of war.
The janitors, however, did not report it. Why? Because they understood the culture of the place where they worked. They believed they would be fired if they came forward. In his report, Judge Freeh infers they were probably right.
Employment lawyers see this all the time. A victim doesn’t report sexual harassment because she needs her job and fears the consequences. A whistleblower comes forward and finds himself in the unemployment line.
Very little of any value will come of the events in State College, PA. Hopefully, however, some lessons will be learned. Here are a few from the prospective of someone who deals with employment lawsuits every day.
1. For victims, don’t be afraid to report abuse, sexual harassment, or employer misconduct.
2. For workers who know of illegality in the workplace, have the courage to speak out. If you don’t stop it, nobody will. Talk to an employment attorney. There are laws in place to protect you.
3. For employers, the lesson is clear. Culture matters. You have a choice. You can create a culture of compliance that values the well-being of your employees. Alternatively, you can cultivate a culture that discourages reports of illegal activity. If you choose this course, however, you may face a jury one day and have to explain how you’re any different from those that called the shots at Penn State.