The legal Implications of the “Me Too” Movement

American society is currently being transformed by what is now referred to as the “me too” movement. People are speaking out as never before about perceived instances of sexual harassment and misconduct by their own employers or fellow employees. It is encouraging that the conspiracy of silence had been lifted on this most important issue. The question facing all employers and employees is how to handle these claims in a fair and just manner.
Sexual assault and types of misconduct are often dramatically different than incidents involving alleged sexual harassment. Victims of any of the above need to identify which category the offensive conduct falls into so that the appropriate legal process and remedy can be followed.
Sexual harassment, for example, can take many forms including but not limited to physical touching, gender-based insults, unwanted exposure to sexually explicit material, and pranks or jokes of a sexual nature. Sexual harassment is often characterized in the law as the creation of a “hostile work environment”. It often requires that the alleged victim file a claim with their human resources department of their company, and almost always with a government agency like the Equal Employment Opportunity Commission before proceeding with a private lawsuit. There are very strict filing deadlines that are required in these kinds of cases that aren’t often easy to detect.
If you are an employer you need to know how to fairly process these types of claims. If you are an employee you need to understand your rights based on the facts and circumstances of your case.
If you need assistance with navigating the evolving legal landscape of sexual harassment and misconduct please contact the law office of Schwam-Wilcox & Associates for a complimentary consultation with an attorney by calling 407-245-7700, by e-mailing info@cbswlaw.com or by visiting our website at www.cbswlaw.com (Sexual Assault and Harassment pages coming soon).

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