For example, catcalling on the street isn't illegal. It's still sexual harassment, it's still unethical, but it's not illegal.
Apparently in some instances and places it is. Follow the link.
[1] https://www.washingtonpost.com/news/wonk/wp/2014/10/29/catca...
Unfortunately this isn't true, from a legal point of view; in many jurisdictions, the legal definition of SH is specifically tailored (and constrained) to "the workplace".
Mind you I'm not talking about what's "slimy", "invasive", or what infringes on one's natural rights as a human being or anything about that. But rather, the legal definition. Which doesn't always jibe with what people would or like it to be.
?? Sorry?
There is a huge power imbalance between entrepreneurs and VCs.
What I meant is that the EEOC decided to draw a line, and aside from the "in the context of a company" requirement, the behavior in the stories I've heard definitely crosses that line rather than just being an uncomfortable and sketchy situation.
I would argue however, that because VC's are holding the money and entrepreneurs are trying to raise, it might not be as bad as a boss/employee power dynamic, but the power is certainly held by the VC in the situation.
- The vast majority of highly successful companies don't raise venture. VCs need equity, entrepreneurs don't need money.
- The vast majority of companies that raise VC don't succeed.
- The vast majority of VC funds have lower than market returns.
I think the real situation is more that a lot of inexperienced founders glom onto VCs because they think that not having money is what's keeping them from succeeding.
There is also a common belief that the fact that VCs are predominantly male is creating a power imbalance that's keeping women from being more successful, despite the fact that the empirical evidence from other industries seemingly shows that there isn't much correlation between the sex of the gatekeepers and who they choose to back. E.g. LP is pretty gender balanced and most VCs are male, most literary agents and publishers are female but most published authors are male, etc. If there were more female VCs then it's possible that more women would get funded, but I think right now that theory is more of a truthclaim than anything else.
The power imbalance is pretty obvious in that kind of scenario. It's less of an imbalance if the entrepreneur is also wealthy and just raising money to share risk or build alliances.
Point is, if you have multiple millions of dollars, "do nothing" is always on the table, which isn't so for many founders.
I don't see any power imbalance that exists within the relationship here. Compare this with the laws that prevent a therapist from dating a client, which are in place because one party can take advantage of the other or blackmail them or have them involuntarily committed. That's a power imbalance.
I also think this is a very orientalist view of the industry. How many founders actually raise institutional money off just a deck each year, who don't otherwise have the skills to earn a lot of money consulting or whatever?
I'm not trying to defend the behavior here in any way, I just think that the reason why it's wrong for a VC to aggressively proposition a founder or whatever is different than, for example, what makes it wrong for an employer to have a relationship with an employee.
IANAL, but legally it's not sexual harassment because they don't work at the same company.
Something is only sexual harassment in two cases: 1) a supervisor offers something to a subordinate in exchange for sexual favors 2) a company is found to have created a hostile work environment. In both cases it's the company that's liable, not the person or people doing the harassment. There may be some extra rules that exist in individual states, but this is the general idea.
Certainly it's bad behavior, but because there isn't any real power imbalance between entrepreneurs and VCs the problem can mostly be dealt with socially (as has happened here) rather than being a situation that requires some specific legal intervention. (Or at least that's the general legal theory.)