Rethinking Confidentiality in Sexual Harassment Litigation: Practical Guidance for Employers

Following allegations of sexual harassment, assault and abuse by several high-profile men across numerous industries, women across the globe have banded together under the #MeToo movement and given a strong voice against this conduct – and the cloak of silence surrounding it – that is far overdue.

While many women are demanding greater transparency and accountability for victims of workplace sexual harassment, some states are seeking to pass new legislation in order to specifically address employers who shield themselves from liability through confidential settlement agreements and mandatory arbitration provisions. It is imperative that defense lawyers and in-house counsel stay informed on the rapidly-changing nature of workplace sexual harassment laws in order to foster an environment free from harassment, and to avoid additional liability when harassment complaints do arise.

This course, presented by Bryan Arbeit, Senior Associate at Wigdor LLP, reviews the current climate of sexual harassment litigation, addresses some pitfalls employers typically face when dealing with sexual harassment complaints, and offers practical guidance for employers on how to maintain a zero-tolerance workplace culture with respect to sexual harassment.

1. Define what constitutes “sexual harassment” in a workplace environment
2. Assess the current status of workplace sexual harassment legislation, generally and in some specific states
3. Provide practical guidance for employers on how to prevent workplace sexual harassment
4. Identify how employers should address and respond to workplace sexual harassment complaints
5. Discuss how defense lawyers and/or in-house counsel should handle pending sexual harassment litigation