Which Legislative and Policy Changes will Sufficiently Address Sexual Harassment?

Katz, Marshall & Banks partner Debra Katz was quoted in an article for Ms. Magazine titled, “Enough is Enough.” For decades, laws have either protected employers from accountability in sexual harassment cases, or have been insufficient in their attempts to remedy instances of harassment.

The #MeToo movement has changed the conversation around sexual harassment, and activists are calling on Congress and state and local governments to improve and implement laws that will better address workplace harassment.

Among those changes is the end of mandatory arbitration clauses in employment agreements. “What we know about mandatory arbitration is that it favors employers,” explains Ms. Katz. “All the research shows that employers get a better shake when they go to a confidential system of mandatory arbitration where there is no record and no public transparency.”

Additionally, certain non-disclosure agreements (NDAs) that must be signed as a condition of employment can intimidate victims and other workers from reporting harassment to the EEOC or law enforcement. Eliminating NDAs would clear the way for victims of harassment to seek justice.

Passing all of these initiatives into law will not be easy, but the time is ripe to cement the #MeToo movement into law.

Read the full article here.