#MeToo And Federal Law: Will The Courts Ever Catch Up?

By on February 6, 2019

February 6, 2019

There is a disconnect between what courts have deemed actionable workplace behavior under sexual harassment law and what, because of the #MeToo movement, has been widely recognized as behavior that is unacceptably discriminatory and oppressive. With few exceptions, courts appear to be sticking to the long familiar “severe, pervasive and unwelcome” criteria, with a nod explicit or otherwise to the caution embodied in a 1998 ruling that addressed Title VII of the Civil Rights Act of 1964: that Title VII was not a “general civility code for the American workplace.” This article from labor and employment lawyer Phillip R. Voluck does find some signs of change at the federal level, and some widely scattered but pronounced change at the state level, and it concludes by recommending that employers incorporate #MeToo standards into their workplace training, even though, for now, the court have barely started to catch up.

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Today’s General Counsel

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