The #MeToo 2024 Report, a study by the Newcomb Institute at Tulane University, found that 82% of women and 42% of men have experienced sexual harassment or assault at some point in their lifetimes. Harassment, sexual or otherwise, often occurs in the workplace, cutting across all industries and job functions. And it doesn’t stop once employees reach the top of an organization.
When harassment occurs at the senior executive level—whether an executive is the harasser or the target of harassment—things tend to be more complex, more politically charged, and more dangerous for the executives and companies involved. Executives who are being harassed often feel boxed in, unsure where to turn for support and concerned for their reputation and career. And victims of an executive-level harasser are particularly vulnerable, as the power imbalance can impede their ability to report bad behavior.
Organizations face unique challenges when senior executives are harassed or are themselves bad actors. How organizations respond to such instances will determine their potential legal liability, their commitment to accountability, and the health of their workplace culture.
When an Executive Is the Target
A widespread misconception is that senior leaders are immune to or insulated from being subjected to workplace misconduct. Sadly, rising through the ranks of corporate America does not seem to eliminate harassment for executives. In fact, recent research shows that women in executive positions face even more harassment than other employees. Even worse, executives often feel like they have more at risk when considering whether to speak out about the harassment they experience.
Executives frequently face inappropriate behavior from:
- Fellow executives or board members
- Direct reports or other subordinates
- External stakeholders, including clients or investors
In these cases, executives are less likely to report harassment due to a myriad of significant impediments. Executives may fear appearing weak or ineffective: many organizations operate with an unspoken expectation that managers should either simply brush off or directly address bad behavior without assistance or support. They may fear a loss of confidence by other leadership or the board, and even damage to their own professional brands by being perceived as a “complainer.”
If executives do muster the gumption to make a report, it may be for naught if the harasser is well-liked, is a rainmaker, or otherwise wields significant influence within the organization. Human resources might feel outmatched and powerless to take appropriate action against the alleged bad actor. Boards may hesitate to confront high-performing leaders and risk negative impact to the organization’s performance. Reporting executives may also be subjected to retaliation in the form of demotions, being sidelined, or even being terminated.
These are not trivial concerns. Inaction or lack of structural support can leave executives vulnerable and ultimately lead to loss of valuable talent, lawsuits, or significant cultural issues that radiate through the organization from the top down.
When an Executive is the Harasser
Examples of misconduct at senior executive levels abound. Because of the power dynamics that exist within a company, a frequent theme of such scenarios is that the organization (usually unwittingly) enables the executive to persist in such misconduct. The target of harassment is often hesitant to report misconduct involving a senior leader for fear that the report will not be believed or properly addressed, since:
- The accused may control HR, legal, or compliance functions
- Internal investigators may face pressure (overt or subtle) to skew the results of an investigation
- Boards may be more focused on preserving stability, reputation, or profitability than holding leadership accountable
Targets of an executive-level harasser may fear retaliation, whether explicit or covert, or fear being seen as someone inciting trouble, despite making a good-faith report of harassment. Non-executive victims of an executive harasser are simply more vulnerable, financially and professionally, than more senior workers, and they often feel that vulnerability acutely.
When these dynamics are present, only a truly independent investigation—often led by external counsel and with a strong commitment to follow through on the results—is sufficient to establish the truth and ensure a proper resolution.
How Organizations Can Protect Their People
To mitigate risk and build a culture of accountability, companies must treat executive-level harassment seriously, regardless of who is involved.
There are several actions an organization can take to reduce impediments to reporting harassment so that they do not unwittingly promote cultures of fear and silence.
- Establish independent reporting channels
- Create anonymous, third-party hotlines available to all employees, including senior executives.
- Allow direct reporting pathways to the organization’s board or outside counsel.
- Offer an ombudsman or internal mediator programs that provide neutral, confidential support.
- Empower impartial investigations
- Retain external investigators for any matters involving senior leaders, especially the C-suite.
- Ensure that internal investigators are sequestered from potentially conflicted departments and leaders.
- Prioritize transparency and accountability with the board and key stakeholders.
- Train the board and executive team and evaluate organizational performance
- Educate directors to recognize red flags that may indicate harassment and to understand their fiduciary duties to the organization to root out such liabilities.
- Provide high-quality, yearly harassment prevention training for executives and board members.
- Assess the behavior of the organization’s teams by engaging in regular culture audits to measure organizational health and to test reporting mechanisms.
- Ensure everyone in the organization knows that no title is above accountability—and that no employee is below protection.
In several high-profile cases, companies have ignored red flags, allowed accused executives to resign quietly with severance, or failed to discipline harassers at all. These missteps have often led to public scandal, lawsuits, and cultural upheaval within the organization. Other organizations have taken swift, transparent, and independent action—even when the accused was a top performer or founder. In these cases, public trust and internal morale were preserved, and the company demonstrated integrity that extended well beyond the legal minimum.
Executive power should never be a shield or a weapon. Grappling with sexual harassment at the senior level takes courage, integrity, and structural foresight by the organization’s leaders. Whether the executive is the harasser or the target, organizations must put systems in place to ensure neutrality, fairness, and protection for all involved. No employee should be too powerful to be held accountable—or, ironically, too high-ranking to be heard and protected.
If you or your organization is navigating an executive-level complaint or would like to proactively audit your current processes, our firm offers discreet consultations, policy reviews, culture audits, and independent investigations.