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The Legal Repercussions of the #MeToo in the Workplace Environment

The #MeToo scandals has generated more work for lawyers. Last year, within New York sex scandals were shaking elite preparatory schools with an uptick in investigations.  One unidentified school had spent at least $2 million on a comprehensive report detailing decades of sexual indiscretions between faculty members and students.  This year, we saw reflections of harassment and abuse within the entertainment and political environments. It has had a momentum effect and impacted many with more and more cases being reported everyday.

No one is ever free from abuse of harassment and people are more vocal and aware of the abuse nowadays, as this hashtag has been trending on social media.  Investigation, litigation and handling of sexual allegations are not easy to navigate and are emotionally taxing, whilst damaging to reputation of either victim or alleged perpetrator.  One incident and its exposure often leads to others coming forward and class actions or multiple investigations.  Reputation, character and conduct is important.  Once an image is tarnished, it can be life affecting in so many ways.  A cycle of resistance or denial can also exist in the cycle.  Having insurance coverage in such instances helps relieve the emotional distress in finance over monies paid to victims or an insurance dispute over clauses and coverage can also arise.  As more and more claims come out, it must be realized that one cannot be fully absolved of such allegations and the need to have measures in place in case is important.  Prevention is always better than cure and whether or not employers wish to screen such conduct as part of their background check is also becoming a possible concern.  The costs of such suits can be steep and the damage that is done can never be monetized.  The possibility of employers screening behavior in an interview position for work purposes may also become more commonplace, as costs and money talks.  It is not worth the baggage of having such persons within a working environment and maybe including contract clauses for relieving personal behavior whilst at work must be ensured within employment manuals.  More education is required as to why such behavior will not be tolerated. 

It also need be noted that trial courts were unable to exclude from trial in California so-called “me too” evidence of sexual harassment of other employees. The key issue at trial was whether evidence of harassment to other employees could be allowed including allegations.  It was considered in a Court of Appeal that that the exclusion of the “me too” evidence was unfairly prejudicial. The court concluded that evidence that the harassment of other people outside of a person’s presence could have assisted the jury by showing that a person harbored discriminatory intent and or a bias towards a person based on gender.  For that reason, such cases have the capability of broadening the scope of sexual harassment, its discovery and the possibility of having summary judgment prior to trial.  Such decisions amplify the need for proactive training on preventing sexual harassment, and taking quick  measures of corrective action at the time of reporting.

https://www.lexology.com/library/detail.aspx?g=20439359-d62b-4914-b290-176c5f08d7f4

https://www.law.com/americanlawyer/sites/americanlawyer/2017/11/17/fee-tracker-sex-scandals-see-private-school-legal-bills-rise/

Our Illinois employment and sex discrimination attorneys have handled a number of civil rights lawsuits involving sex discrimination, pregnancy, military service, race and religious discrimination claims.  Our Chicago non-compete agreement attorneys have also defended high-level executives in a covenant not to compete and trade secret lawsuits. A case in which our firm defended a former Motorola executive was covered in Crain’s Chicago Business. You can view that article by clicking here.

DiTommaso Lubin Austermuehle a firm of Chicago business dispute lawyers handles litigation over non-compete clauses for individuals and businesses of all sizes, including small or closely held businesses for whom competition from an ex-employee can be a serious threat. Our Chicago business lawyers with offices near St Charles, Joliet and Rockford have substantial experience in restrictive covenant and breach of contract cases, and we are proud of our record of strong results. We have successfully represented a number of doctors in non-compete, partnership, and other business disputes.  We understand the complexities of physician partnership and non-compete agreements.

DiTommaso Lubin Austermuehle a Chicago business litigation law firm represents both plaintiffs and defendants in such cases, and can also help stop litigation before it starts by reviewing contracts to look for covenants and clauses that could create problems later. Our firm has also handled many shareholders and LLC disputes between owners of closely held corporations, and LLCs.

Based in Oakbrook Terrace and downtown Chicago, our Lake Forest and Evanston employment and civil rights lawyers take cases from Glenview and Glen Ellyn and many other cities throughout Illinois, as well as in Indiana, Wisconsin and the entire United States. To learn more or set up a free consultation, please contact one of our Chicago business dispute lawyers through the Internet or call toll-free at 1-877-990-4990 today.

Vincent L. DiTommaso

DiTommaso Lubin Austermuehle’s Oak Brook, Naperville and Waukegan litigation attorneys have more than three decades of experience helping clients unravel the complexities of Illinois and out-of-state non-compete and trade secret theft laws. Our Chicago business dispute attorneys also represent individuals, family businesses and enterprises of all sizes in a variety of legal disputes, including disputes among partners, shareholders, and LLC members as well as lawsuits between businesses and consumer rights, auto fraud, and wage claim individual and class action cases. In every case, our goal is to resolve disputes as quickly and successfully as possible, helping business clients protect their investments and get back to business as usual. From offices in Oak Brook, near Winnetka, Hinsdale and Lake Forest, we serve clients throughout Illinois and the Midwest.