Resources

Proactive Measures for Employers in the #MeToo Era

April 17, 2018

Please join Dykema employment litigators for a discussion of the challenges and legal obligations faced by employers as a result of the #MeToo movement and the circumstances that led to the movement. Employers are obligated to develop strong anti-harassment policies that include comprehensive complaint procedures. Effective remedial measures must be taken when the facts confirm that inappropriate workplace conduct has occurred. At the same time, employers must be vigilant to protect the company and its employees from frivolous claims and litigation risks.

Employers should understand the legal definitions of sexual harassment and assault. An effective policy circulated to all employees and the implementation of a training program are both essential to preventing claims of sexual harassment. Familiarity with the initial steps to take when confronted with a claim of harassment is also key. Companies should be able to identify the “who, what, where, when and how” and understand how they should respond when they receive a complaint.

Additional topics include:

  1. “Me Too” v. “Not Here”: finding a balance that acknowledges that sexual harassment is real, but that not every claim has merit
  2. Internal complaint procedures – the goal is to keep the complaint internal
  3. What happens when an employer learns that the complaint of harassment did occur
  4. What happens when an employer concludes that the complaint lacks merit
  5. How should an employer react when he or she cannot definitively determine whether the complaint has merit, or at least some merit
  6. How to manage both the complainant and the accused during the investigation and thereafter
  7. Beware of the retaliation claim: an employee with a meritless harassment claim can have a meritorious retaliation claim which can lead to litigation
  8. How to handle an employee who appears to be using a complaint as the path to job security
  9. The legal risks to companies in such situations

Tuesday, April 17, 2018
1:00 p.m. – 2:00 p.m. EST

Speakers: Elisa J. Lintemuth, Member, Grand Rapids; Arlene Switzer Steinfield, Senior Counsel, Dallas

Click here to register

CLE accreditation is anticipated for California, Illinois and Texas. CLE and HRCI eligibility will be determined after the live webcast. If CLE accredited, we provide Uniform Certificates of Attendance and jurisdiction-specific information for those licensed in other jurisdictions. If HRCI accredited, we provide Certificates of Attendance to attendees. Please contact Sarah Minjoe at sminjoe@dykema.com with questions.