Workplace sexual harassment during the #MeToo and Time's Up movements

Katherine A. Garbarino (kgarbarino@fisherphillips.com) is Of Counsel with Fisher Phillips LLP in Louisville, Kentucky, USA.

Claims of sexual harassment in the workplace, while always prevalent, are expected to spike in the days, months, and years to come. This is, in large part, thanks to movements like #MeToo and Time's Up. You cannot turn on the TV, listen to the radio, or browse social media without being bombarded with new allegations of sexual harassment and/or sexual assault against the likes of Hollywood moguls (e.g., Harvey Weinstein and Les Moonves), TV personalities (e.g., former Today Show coanchor Matt Lauer, former NBC News anchor Tom Brokaw, PBS’s Charlie Rose, and comedian Bill Cosby), and politicians and judges (e.g., President Bill Clinton, President Donald Trump, former senator Al Franken, former congressman Anthony Weiner, and, most recently, Judge Brett Kavanaugh, the newest U.S. Supreme Court Justice). Whether these allegations are substantiated or not, they undoubtedly have made an indelible impression on our collective psyches. More importantly, in what has been dubbed the “Weinstein Effect,” victims now feel empowered to share their stories, especially following the #MeToo social media movement.[1] This movement has spread, turning a national spotlight on the issue of workplace sexual harassment.

So what impact is this likely to have on employers? You may well expect to see a corresponding spike in allegations of sexual harassment in your workplace. It is worth noting, too, that such claims often come down to “he said/she said,” with little, if any, corroborating evidence. Yet they must be taken seriously, lest they expose your business to a claim that you failed to take prompt and effective measures to eradicate unlawful harassment from your workplace. Additionally, sexual harassment claims are one of the most difficult types of claims for an employer to successfully have dismissed on summary judgment. For these reasons, a short refresher on the subject is in order.

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