Gwinnett Technical College
Spring 2020 – Employment Rules & Regulations (MGMT. 1110)
Adjunct Faculty: Dr. José A. De La Cruz, JD., SHRM-SCP, SPHR
K N O W L E D G E N U G G E T (#3)
#MeToo AND SEXUAL HARASSMENT
Sexual harassment continues to garner the national spotlight, as evidenced by the #MeToo campaign. Since its 2016 rise, over 400 high profile executives have been identified, cutting across workplaces that range from silicon valley and manufacturing plants, to television and movie sets.
The implications of this new dynamic are wide-ranging for employers and Human Resources (“HR”). For one, there is a growing lack of trust in the “system” and HR. Significant increases in complaints to the Equal Employment Opportunity Commission (“EEOC”) are seen – at the end of 2018, EEOC received 12% more complaints and filed 50% more law suits. Also, the skill sets of company investigators are coming into question.
A challenge when investigating complaints is how to get at what happened. All situations have two sides – what people recollect took place and what truly took place. In the court of public opinion, a major cloud over the #MeToo complaints is the timing around when complaints were made – usually years after the event or at a time when the alleged perpetrator was most vulnerable to the complaint’s impact.
There are several recent developments to address the impact the timing of these complaints. Congress and individual states are pushing legislation that limit the use of confidentiality agreements in these cases. Also, new tax laws are being proposed on the taxation of proceeds from harassment-based settlement agreements that have non-disclosure clauses.
Share your Knowledge Nugget on whether changes need to be made in sexual harassment cases and limits be set on how long after alleged event(s) take place an alleged victim may come forward with allegations against another party.
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