One of the most difficult things for an employer to do is decide how to respond to the #MeToo movement. It is a difficult thing to know what to do to react to the movement as an employer. On one hand you do not want to worry about a lawsuit, on the other hand you do not want to go overboard and turn your workplace into a miserable place to work because of militaristic over regulation of employee behavior. What is happening often in response to the #MeToo movement and can be just as dangerous as a #MeToo Claim, for an employer, is that male executives and leadership are refusing to “risk a problem” by refusing to mentor, and work, with female employees. This has a terrible and unintended consequence, which is that these companies open themselves up to an EEOC action for discrimination. Refusing to mentor, or work with, female employees denies them opportunities for advancement. Denying an opportunity for advancement because a business is not working to advance women, can lead to a very expensive EEOC Lawsuit.

There are measures that can be put in place to protect an employer, even in the #MeToo era. There is no question that properly setting up preventative policies, putting in place systems to deal with harassment, and establishing rules that covey zero-tolerance, is how a business can defend itself, without over regulating its employees, or risking a discrimination suit. When a claim is made by an employee because of a sexual harassment in the workplace accusation, you must have protected yourself through proper employment policies, proper procedures to handle complaints, and a zero-tolerance approach. These things are not overly complex to set up, for an experienced employment attorney, but the wording, and exact policies, are incredibly specific if you wish to gain the maximum protective benefits.

Joshua H. Sheskin, Esq. practice focuses on employment and ADA litigation, with an emphasis on representing and defending local businesses, along with assisting them in preventing future potential lawsuits. To find out how you can protect your business feel free to contact Joshua H. Sheskin, Esq., jhs@lubellrosen.com or call 954-880-9500 .