The No. 1 topic in the employment world today is sexual harassment and the rise of the #MeToo movement. Indeed, it is one of the top issues in American society generally, touching all industries. With new allegations making headlines at a shocking rate, a spotlight has been cast on the culture of the American workplace — and employers’ reactions to these events — leaving employers uneasy about how to proceed. Many employers are finding, however, this is a time of opportunity that can bring about dramatic and positive changes for both employers and employees.
The advent of the #MeToo movement and the resulting national conversation about the American workplace have given employers the opportunity to positively and clearly redefine the boundaries of acceptable workplace conduct and to expand the channels of communication with employees. At this moment, employers are uniquely positioned to send a message to their employees that they are valued and that the employer is committed to providing a respectful workplace — not merely because the employer wishes to mitigate legal risk or prevent a PR disaster, but because it is the right thing to do. A respectful workplace, in which discrimination and harassment are prohibited, is also good for business because it demonstrably increases employee productivity, reduces costly absenteeism associated with harassment and enhances retention of valued employees. Moreover, employers with respectful workplace cultures can expect increased job satisfaction and organizational commitment on the part of their personnel.
In response to the #MeToo movement, we are witnessing a significant and swift uptick in the rate at which companies are implementing anti-harassment and anti-discrimination training; revamping policies governing employee conduct, both in and out of the office; expanding reporting procedures for inappropriate behavior; dedicating additional resources for investigations; reviewing protocols for responding to complaints of inappropriate conduct; and re-evaluating practices for imposing disciplinary action in response to misconduct.
Employers of all sizes across a wide array of industries consistently turn to Kramer Levin’s Employment Law team for counsel, guidance and support in navigating this complex and ever-changing landscape. In the #MeToo era, few legal precedents exist from which to draw. With a long-standing reputation for interpreting and addressing contemporary employment issues, our lawyers help shape conversations and create opportunities for employers and employees alike in these challenging and unprecedented times.