May 29, 2019 Articles

Employer Liability in the #MeToo Era

An anti-harassment policy may not be enough.

By Victoria Harrison and Jack Jarrett

Thanks to the Faragher/Ellerth defense, many employers may feel immune from the cultural changes that the #MeToo era has signaled because they believe that their robust anti-harassment policy is all they need to successfully defend against sexual harassment claims under Title VII. But Faragher/Ellerth has limits, and #MeToo may be changing how the defense is applied. 

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