Conservatives will not stop pushing the ‘Pence rule’ as a solution to sexual harassment

As stories of powerful men masturbating in front of women, forcibly kissing and groping women, and forcing teenage girls’ heads into their crotch have gained national attention, it’s sparked widespread conversation about how to prevent sexual harassment and assault.

The solution seems obvious: The best way to prevent sexual harassment and sexual assault of women and girls is for men not to sexually harass and assault women and girls. But conservatives appear to be less interested in finding ways to teach men how to co-exist with women, who comprise 47 percent of the U.S. labor force, than discussing how best to avoid women altogether.

In particular, conservative writers are increasingly focused on the “Mike Pence rule,” pointing out that Vice President Mike Pence does not eat dinner alone with women who are not his wife and does not go to events where alcohol is being served when his wife is not present. Pence first revealed this detail in a Washington Post article published in March.

On Friday, the National Review published a piece with the headline, “In the Age of Sexual Misconduct, How is Mike Pence a Problem?” The writer, David French, insists that this rule is not about suggesting that men will assault women if they are alone with them — but, as he continues to lay out his argument, he refers to the motivations behind the rule as “an accurate view of man’s fallen nature.”

French argues that people are sometimes attracted to each other in professional settings, regardless of their marital status. He doesn’t explain why those people, regardless of their gender or marital status, can’t be expected to exercise judgement. French also ignores the reality that men are capable of harassing other men and women are capable of harassing other women. Do men never meet with other men alone? Must bisexual people always have a third party present when meeting with anyone they work with?

French goes on to write that abiding by such a rule “protects both sides from” reputational harm, suggesting that high-profile men must always worry about women lying about them.

“Second, variations of the Pence rule protect both sides from reputational harm. It’s a simple fact that observing a married man alone at dinner with a woman other than his wife can start tongues wagging, and it’s also a fact that leaders of Christian ministries have often had to take extreme measures to protect against intentional sabotage of their reputations. I know leaders who never travel alone in part because of actual past hostile attempts to place them in compromising positions (with photographic evidence). If we should understand anything in 2017 it’s that our politics is vicious and poisonous. The more high-profile you become, the more careful you should be.”

What starts tongues wagging is not the actual fact of a man and women sitting alone together. It is the perpetuation of heterosexist assumptions about how men and women must interact and the misogynistic idea that men cannot be interested in the friendship, intellect, or skills of women.

The fear that people are carelessly making allegations against men out of bitterness or simply or for fun looks pretty silly when you consider the risks people take in reporting harassment.

But French is not alone in his focus on the “Pence rule” in the midst of sexual harassment allegations. In October, former deputy assistant to President Donald Trump, Sebastian Gorka, tweeted the alleged instances of sexual assault and harassment that dozens of women say Harvey Weinstein committed could have been avoided if Weinstein simply didn’t meet with women one-on-one at all — referring to Pence’s rule.

At the time, several male journalists joined in to say they supported the Pence rule as well.

Josh Barro, a senior editor at Business Insider, argued the problem was office happy hours that “blur the lines between business and leisure.” Politico labor editor Timothy Noah said companies should take a “small, practical step to limit sexual harassment” by making it a fireable offense to hold a closed door meeting.

Women and men responded to Noah to tell him that this step was neither small nor practical. When people pointed out that someone may want to talk about an issue privately with a colleague because it is a sensitive matter, Noah said the solution was to speak quietly. When taken to this conclusion, it becomes clear just how absurd the “Pence rule” is in practice.

Not only is it absurd, but it is also deeply harmful to the careers of women in the workplace. When men avoid women for fear of looking “improper” or for fear that they can’t control themselves, they deprive women of opportunities to gain sponsors in their careers and to build better working relationships with colleagues and supervisors.

This article was originally published at ThinkProgress on November 18, 2017. Reprinted with permission.

About the Author: Casey Quinlan is a policy reporter at ThinkProgress. She covers economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.