The #MeToo movement, founded by long-time activist and organizer Tarana Burke, went viral nearly five years ago and prompted conversations about, among other things, ways individuals
The movement increased focus on the systemic harassment issues within organizations, as well as on the alleged harassers themselves. The movement has since shifted our social norms and resulted in concrete changes in laws and policies that continue to
Here are four noteworthy areas for HR professionals and their
An uptick in claims may have been stymied by the pandemic
Unsurprisingly, in the wake of the movement's momentum, the number of charges filed with the U.S. Equal Opportunity Commission (EEOC) increased significantly. While there were 6,696 claims of this nature in 2017, the number increased to more than 7,500 in both 2018 and 2019.
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While this trend did not continue the following year, it would be difficult to opine that this slowdown was a result of the movement losing steam. In part, the reduction in claims could be attributed to increased employer training, prompted in part by several states strengthening their sexual harassment training requirements as discussed below.
It is hard to imagine that the COVID-19 pandemic and related shift to a remote work that dramatically changed coworker interactions and the logistical hurdles to actually filing a charge did not impact the number of claims raised starting in 2020.
The impact of #MeToo as employees get back to the workplace
Since many employers have already shifted workers back to the office or are starting to do so, this slowdown in claims does not indicate that employers can put the issue of workplace sexual harassment at the bottom of their priority list. To the contrary, employers need to be mindful of the legislation that federal and state governments have enacted and will likely continue to pass to address workplace harassment.
State and local governments across the country have increased focus on sexual harassment training, and locations such as California, New York State, New York City, Connecticut and Maine, among others, have enacted laws requiring mandatory sexual harassment training in the workplace.
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Employers should certainly comply with such laws if they apply to them, but even if they are not legally required to do so, they should consider taking proactive steps. Examples include training, prompt investigation of complaints and other available means to encourage an environment where employees can be comfortable, free from harassment and focused on completing their work.
New laws and legal requirements continue to evolve
While those goals are likely more than enough to motivate employers, an additional consideration is that the days of being able to tolerate a high-performing employee who engages in potentially problematic conduct by quietly resolving individual issues has been stymied by the #MeToo movement.
In addition to
California first enacted a law in 2018 banning employers from imposing contracts prohibiting their workers from talking about their claims of sexual harassment. Since that time, 14 additional states have passed similar restrictions for employers. Some states, including Maine, have now enacted laws that impose a broader ban on non-disclosure agreements covering all forms of workplace discrimination and harassment. Several others, including Oregon, are amending their previously enacted laws to broaden the scope in a manner similar to the Maine law. A law that became effective in June 2022 in Washington appears to be the broadest yet, banning non-disclosure agreements that prohibit employees from talking about allegations of all forms of workplace discrimination, wage and hour violations, as well as conduct that is "recognized as against a clear mandate of public policy."
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The EEOC has also indicated that eradicating workplace sexual harassment remains a top priority and employers should assume the agency will devote resources to pursing such matters. Undoubtedly, as workplace interactions increase, it will be important that employers ensure that employees understand what is and what is not proper workplace conduct. They should be encouraged to report any problematic behavior so that employers can promptly address any issues that arise. A failure to do so can have drastic impacts on employer reputation as #MeToo stories continue to grab headlines, erode employee morale and negatively impact the organization's bottom line.
#MeToo's impact of trial and jury awards
Employers should also assume that sexual harassment claims going to trial now are being heard by judges and juries who have been exposed to the cultural shift related to and education prompted by the #MeToo movement.
In other words, the results of trials and jury awards from five years ago may no longer be indicative of the results employers can expect today and in the years to come. As the #MeToo movement continues to evolve and shape the workplace, employers are encouraged to revisit their policies with the help of their advisers to ensure they are complying with applicable laws and to consider additional steps they can take to proactively create a welcoming work environment.
