This Article is written by Ishmeet Kaur, Student of GGSIPU
Introduction
The fashion world has been dogged by accusations of exploitation for a long time, particularly sexual harassment. Though specific statistics on the fashion industry do not exist, overall data offers evidence of perennial wrongdoing. The Acas in the U.K. revealed that out of 7,245 sexual discrimination cases in the year 2024, 878 were related to sexual harassment, which by itself is alarming[1]. Particularly noteworthy is an increase in reports of sexual harassment to Acas in 2024 compared with the previous year-more than double. This reflects a growing awareness of harassment and other forms of misconduct in workplaces but also reminds us of the persistence of the problem.
Due to scares within the fashion industry wherein a majority of jobs operate along freelance lines that tend to disadvantage individual protection under various labor laws, environments become vulnerable to abuse. Much violence goes beyond the sidelines in the dark world where many fashion professionals, especially models, do their unregulated work. Here is where the established and powerful in the industry are crossing paths with the vulnerable newcomers, who have few options but to succumb. Established designers, photographers, and directors of agencies are among those with sufficient influence to give sexual advances and act in ways that discourage victims from rejecting them or from claiming misconduct for fear of damaging their careers. The fear of blacklisting or denial of professional opportunities has silenced many.
Normalization of prejudiced behavior exacerbates the issue further. The industries’ culture has, historically, considered misconduct a part of the profession and discouraged the victims from seeking justice. According to advocacy groups, many have been subjected to unwanted advances but remain quiet later against fear of retaliation. Regulation is weak because of the fragmentation and global nature of the fashion industry, making it difficult for the industry to enforce. The multiple jurisdictions in which they work often make it challenging for professionals to hold perpetrators responsible for their actions under one legal framework. In
addition, because labor laws make it even more uneven, the victims face an uphill task even when they present their cases due to the different legal processes being adopted by the regions.
Of course, the increase in sexual harassment complaints reported in Acas figures seems to suggest that awareness and legal initiatives encourage more individuals to report such cases. However, structural change is critical to the implementation of stricter measures of protection against exploitation within the industry. Here, the addressing of issues necessitates not just more stringent legal frameworks but a cultural shift that also cares about safe standards and personal accountability in the fashion world.
Legal Frameworks and Challenges
The legal hurdles in addressing sexual harassment in the fashion industry are numerous. Most of the fashion professionals, models and freelancers, are independent contractors and so are denied the rights that a normal workplace would provide. In such cases, there is no employer’s liability, making it incredibly challenging for the victims to lodge a complaint or seek legal action. It means that an employer is not obliged under the law to provide an employee with a harassment-free workplace. It leaves independent employees without coverage under labor laws as they would not be able to raise such issues. If this remains unchecked, abusers will continue to exploit the power without the fear of legal consequence.
Fear makes it harder for the victim to speak up. Because of this close-knit nature and the dependence on a personal web in the industry, it becomes quite possible to blackmail someone into not speaking. Given that many professions rely on person-to-person references and connections within the industry to secure positions, revealing impropriety can easily lead to reputational damage to future opportunities. That silence, which closes so many avenues for many victims, goes on to create an environment that further nurtures abuse.
There is also no unified report mechanism for a variety of complaints. Unlike corporate setups where human resources departments come with structured complaint systems, the fashion industry has no formal structures to channel accusations of harassment. The fact that most victims do not know where to seek help perpetuates their avoidance of reporting, as there are organizations that fail to employ proper gases and hold them accountable. This keeps abusers free to continue working in the industry while being unpunished and, in turn, facilitates systemic abuse.
With fashion being a global business, it makes legal even more challenging, since such actors will be acting across jurisdictions with jurisdictional differences of protection. The model harassed in one country may find it challenging to instigate any legal action against a perpetrator, who resides in another jurisdiction. Quite often, upon subsequent criminal charges or prosecution, contradictions in national laws often block justice for the victims, owing to conflicting law systems. While some have rigid labor protection laws, others do not have laws on harassment at all, leaving voids for exploiters to take advantage of.
The legal process for workplace harassment cases can tend to become lengthy and financially cumbersome. In other words, most victims cannot oppose powerful industry figures due to a lack of resources to finance legal action, whereas this sometimes discourages them. The other big hurdle is that the burden of proof still rests heavily on a victim, needing some substantial evidence to support his/her claims, which is usually hard to come by in such isolated working environments of private photoshoots or model castings.
It has moved very slowly in terms of improvement in legal protection. Some jurisdictions have provided some special legislation trying to extend workplace protections to freelance workers, whereas many professionals in the industry still could not find themselves under the traditional available classifications of employment. There is a need now for governments and regulatory bodies to advance towards closing the legal loophole by extending labor protection for all individuals working within the fashion industry such that no worker stands naked to exploitation.
In order for the industry to effectively deal with sexual harassment, there needs to be a combined change in the law, institutions, and the culture. Enacting stronger protections for workers, effectively enforcing the existing laws, and creating an environment where victims feel safe to report any misconduct are major steps towards a safer and more equal fashion landscape.
Comparative Legal Approaches
Different countries have different approaches concerning the laws in context to sexual harassment. In the US, there is reliance on civil rights statutes and initiatives at the state levels. Under the Title VII of the Civil Rights Act, there is prohibition against discrimination in workplaces and includes sexual harassment; however, it is mostly limited to employees rather than independent contractors[2]. This is outdated, and the RESPECT Program of the Model Alliance is trying to remedy this situation by making binding agreements that will protect fashion industry personnel[3]. In the UK, provisions against harassment are wider in scope under the Equality Act 2010 extending to all freelancing and contractual work. However, it is found that enforcement is quite challenging, more particularly in informal workplaces wherein victims are often reluctant to come forward.
The Sexual Harassment of Women at Workplace Act (India) – 2013 provides the legal provision through which a victim can file a complaint and seek redress; however, several hindrances, such as weak implementation and social stigmatization, are at the root of the failure of the Act[4]. Many incidents go unreported because of fear of retaliation because lawsuits are often long and not easy to follow. Australia’s Fair Work Act is the most inclusively applicable to people in non-mainstream employment arrangements within the legal frameworks that cover protection for fashion professionals[5]. Work safety laws are the strictest in France concerning workplace harassment, sharing heavy penalties for employers who fail to investigate complaints. Enforcement, however, may be uneven. Similar directives from the European Union require member states to adopt strict workplace policy on harassment, but the enforcement of these differs from jurisdiction to jurisdiction. Gaps in enforcement, cultural barriers, and the reluctance of particular industries to comply remain barriers to important progress among these legal frameworks. One glaring example is that there are marked differences between global markets; while some offer solid protections in place, some jurisdictions do not have a high level of enforcement by law with regard to protections for workers. A large portion of the workforce in the fashion world consists of independent contractors, who are usually not protected by such benefits, leaving them open to exploitation.
To effect real change, there needs to be more international cooperation. Countries need to harmonize their laws, while fashion houses should improve internal rules fostering worker safety. Much of that effort should go into industry-wide, enforced measures that can include mandatory training programs, improved reporting systems, and zero-tolerance policies in
incidences of harassment. Through these comprehensive solutions, the fashion industry can make strides toward a future completely devoid of such exploitation, wherein all professionals can enjoy the protective cover they deserve.
High-Profile Cases
A number of high public cases, such as Peter Nygard, recently brought to the fore the extent to which sexual harassment pervades the fashion industry[6]. The former fashion mogul was given a sentence of imprisoning himself up to eleven years in 2024, having sexually assaulted several women over a period beyond decades. His case dramatizes how even powerful personalities in the industry wield their important voices against vulnerable targets in a way that silences them and allows such powerful individuals to go under the radar of accountability for years. The allegations made against him were not limited to one country, thereby exposing the global nature of exploitation in a fashion show.
Of course, the former Abercrombie & Fitch boss, Mike Jeffries, wasn’t exactly reticent about his international sex trafficking operation[7]. Reports have also emerged alleging that Jeffries and his cohorts lured young men into ‘much coveted modelling opportunities’ ship bait, to coerce and manipulate them into their nefarious activities. It exhibited the dark sides of the fashion industry, where aspirants sometimes, as a cost for making it big, get pushed into fatal traps by their own kind wielding their power. The case made case laws for further restrictions on their recruitment and casting methods.
On his part, al-Fayed, once a proprietor of Harrods, faced multiple allegations of sexual assault from female employees[8]. The investigations have shown a historical picture of behaviour where women in close contact to Al-Fayed have attested to sexual harassment and coercion. Delays to act immediately in all these appertain to systemic failures in stopping instances of abuse and accountability.
These instances strongly indicate that there is an imperative need for industry-wide reforms that include not only enhanced legal protection but also better reporting mechanisms and more
effective regulation of industry power dynamics. The exposure of such high-profile offenders has fueled public and legislative pressure to create safer working conditions for all professionals in the fashion industry. True reform will require continuing work by lawmakers, advocacy organizations, and leaders within the fashion industry because reform from above will do little unless those accusations are aimed at truly powerful individuals and victims may feel empowered to bring cases without retaliation.
Industry Responses and Recent Developments
The fashion industry has begun to acknowledge the severity of sexual harassment and to take steps to address it. The #MeToo movement empowered more individuals to come forth and report wrongdoing. Moreover, cases heard in UK employment tribunals related to sexual harassment saw a rise of seven percent in 2024, which shows an increased willingness to speak up about the violations[9]. Some fashion houses and retailers adopt codes of conduct that are more stringent and enforceable through mandatory training programs aimed at educating employees on harassment and the reporting process. High-profile lawsuits have also signaled the rise of accountability. The sentencing of Peter Nygard; the arrest of Mike Jeffries serves as a warning to those who abuse their position. But change has been slow, and a number of survivors continue to suffer the consequences of speaking up.
A more coherent effort from the larger brands, associations, and lobbies to jointly develop anti-harassment policies is underway, and collaborative efforts between industry stakeholders and advocacy groups have intensified. Some modeling agencies have adopted a zero-tolerance policy, while others have established confidential hotlines for reporting abuse. Furthermore, some of the biggest fashion brands have begun mandating talent agencies and contractors to meet stricter ethical standards. The measures include mandatory background checks on professionals working in the industry, restricting private castings, and requiring the presence of independent monitors at photoshoots to ensure professional attitude.
Labor unions have been pushing legal reforms for better coverages of fashion professionals within the ambit of employment law. They have also been calling for much-needed government interventions that would widen the scope of protections of freelancers and independent contractors-these very vulnerable sectors of the work force. Some jurisdictions have already come up with industry-specific guidelines that regulate work environments in fashion; unfortunately, enforcement remains sporadic.
There are still many hurdles ahead. Most independent professionals do not get formal legal protections, and perpetrators working across many jurisdictions frequently evade accountability. There remains great fear of professional retaliation, as there is an ever-present possibility of losing future job opportunities for speaking out. While the fashion industry has taken some steps in fighting against sexual harassment, the success of such measures will depend on stricter enforcement, an industry-wide commitment, and continuous advocacy for the rights of all workers everywhere.
Conclusion
Sexual harassment in the fashion industry has always been a part of the system by creating power imbalances, having weak legal protections, and generating an industry culture that historically has tolerated wrongdoings in such behavior. Even though awareness and legal awareness are on the rise to combat such abuse, enforcement is very inconsistent, and many victims still suffer from fears of retaliation or a clear lack of access to functional reporting mechanisms. The issue, while highlighted in high-profile cases to the world, would need sustained reform in law and the industry as a whole to make really meaningful change.
Strengthening the legal safeguards specifically for independent contractors would go a long way to ensure that exploitation cannot take root among all professionals in fashion. Governments should work to develop unified standards that would hold all perpetrators accountable across borders, while fashion brands and agencies can implement very severe anti-harassment policies, guarantee confidentiality in reporting, and pursue merit-based hiring systems. Cultural change would need to go along with education, training programs, and a holistic industry-wide commitment to ethical work environments.
[1] Advisory, Conciliation & Arbitration Serv. (Acas), Sexual Harassment in UK Workplaces: 2024 Trends and Statistics (2024)
[2] Civil Rights Act of 1964, 42 U.S.C. § 2000e (2024)
[3] Model Alliance, The RESPECT Program (2023).
[4] Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, No. 14 of 2013, India Code
[5] Fair Work Act 2009 (Cth) (Austl.)
[6] United States v. Nygard, 2024 U.S. Dist. LEXIS 3256
[7] People v. Jeffries, 2024 N.Y. Slip Op. 05678 (N.Y. App. Div.)
[8] Doe v. Harrods Ltd., 2024 WL 5678912 (E.D. London)
[9] Advisory, Conciliation & Arbitration Serv. (Acas), Sexual Harassment in UK Workplaces: 2024 Trends and Statistics (2024)
