The #MeToo movement may not have started in 2018, but that was the year it reached critical mass. With its origins dating back approximately a decade, the movement burst into the public consciousness in late 2017 with explosive exposes of abuses in the entertainment industry. In 2018 #MeToo picked up steam, affecting large, well-known corporations as well as universities, politicians and the highest court in this country.
Despite #MeToo stories saturating both national news outlets and social media spheres, local business owners and leaders might think this is a mainland problem and ignore potential issues in the workplace. Thinking “it cannot happen here” is a mistake. The U.S. Equal Employment Opportunity Commission reported a 12 percent jump in new sexual harassment charges from 2017 to 2018. It was the first increase in eight years, which was perhaps fueled by the publicity of the movement.
Employers should always be aware of the work environments they foster and the potential for workplace harassment. While it may be impossible to insulate a business from these types of claims completely, the new year is an opportunity to initiate or revisit practices that potentially can reduce them and improve the workplace environment for everyone.
Like many New Year’s resolutions, the process begins with self-reflection. Leadership should step back and take an honest look at the workplace for obvious signs of harassment or a hostile work environment. In the past, potential harassment may have been excused as harmless joking or swept under the rug. According to news reports, Harvey Weinstein’s treatment of women was an “open secret” known by many, yet for decades he remained one of the most powerful people in Hollywood. Tellingly, many of the #MeToo stories involve not only sexual harassment, but harassment enabled by power imbalances. Thoroughly investigate and immediately address any issues that come to light.
Furthermore, an anti-harassment policy is a key component of an employer’s harassment prevention effort. If an employer does not clearly communicate what is acceptable and unacceptable, employees may not be expected to comply. The policy should make clear that workplace harassment, discrimination and retaliation will not be tolerated. Distribute the information to everyone — share it at meetings and training sessions and post it in a prominent location (or locations). Taking these steps can ensure that the policy reaches its intended audience, as can having employees acknowledge in writing that they have received and reviewed it.
As part of an anti-harassment policy, reporting harassment to leadership should be encouraged. The victim should not bear the sole responsibility for reporting. Witnesses and bystanders also should report harassment. Any reporting system should ensure that it does not foster retaliation against victims or witnesses. When reports of harassment are received, leadership should investigate and address the reports immediately.
Likewise, employee training, for both new hires and existing employees, can be an important part of preventing harassment. Through training, employers can help ensure employees understand its policies on harassment. Such training should be tailored to the particular workplace and workforce and include senior management. As every workplace is different, and the laws and duties can be complex and are themselves changing in response to the #MeToo movement, human-resource professionals and legal counsel can provide guidance to reduce the risk of claims and ensure a better workplace.
William Harstad is a partner in the litigation and alternative dispute resolution practice group at Carlsmith Ball LLP. He can be reached at wharstad@carlsmith.com.
