Pro-Employee Sexual Harassment Decisions Increase Sevenfold

The following article was submitted by Berchem Moses PC. It is posted here with permission. 

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A recently published study by a law professor and a political science professor revealed that plaintiffs in sexual harassment lawsuits brought in federal district court between 2016 and 2020 were seven times more like to prevail than pre-#MeToo claims.

Exactly why is not clear. 

Some legal commentators suspect judges have been swayed by the social justice movement. 

Perhaps it is that the federal judges, historically older males, finally “get it.” 

Efforts to address harassment claims within the judiciary, by law clerks and staff, could also account for the shift.

The study also found that a plaintiff’s likelihood of success in a federal court of appeals actually decreased signaling that perhaps some district court judges responsible for the uptick mis-applied the law in some cases.

Impacts

What does this mean for employers? 

It is unclear if this was a temporary reaction to the social justice movement or a more permanent shift. 

But it certainly suggests employers should treat claims of sexual harassment more seriously and should be less inclined to dismiss claims as untrue. 

Perhaps, employers should utilize independent investigators more often to make certain that where sexual harassment is occurring (and it is in most organizations) that it is uncovered and properly addressed.

Otherwise, they face the increased probability of an adverse determination if the employee ends up filing a sexual harassment lawsuit in federal court.

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About the author: Floyd Dugas is a senior partner with Berchem Moses PC, leading the firm’s municipal labor and employment practice. He and other labor and employment attorneys at Berchem Moses PC are experienced in advising employers about employee compensation.