On January 9, 2018, Reed Smith attorney Miriam Edelstein co-presented a panel discussion on the impact of the #MeToo movement in the workplace at the January meeting of the Labor and Employment Relations Association (LERA), Philadelphia chapter. LERA is comprised of professionals across the employment law field, both management- and employee-side attorneys, as well as arbitrators, mediators and HR professionals.
Edelstein’s presentation discussed the changes – or more accurately lack thereof – she has noted in the employment law landscape with respect to sexual harassment claims, not only over the last year as the #MeToo movement has swept across the world, but more significantly over the past many years. Despite robust and updated anti-harassment policies and their dissemination by employers, the number of legal claims has remained stagnant, and from the global conversations taking place in the media and across social media platforms, the pervasiveness of harassment far exceeds the fractional number of such accounts that result in litigation.
A few proposals are floating around legislatures and internally at companies to do away with confidentiality and non-disclosure agreements when it comes to dealing with sexual harassment claims, as well as limiting the use of private arbitration and mediation to handle such matters. The goal of these proposals appears to be to try to counter a culture of silence around these issues, with the hope that more exposure will have a positive impact in reducing the occurrence of harassment.
Continue Reading A New Path Forward: Changing the #MeToo Culture