The proliferation of high-profile sexualharassment and sexual assault claims in recent monthshas been staggering, and it is a safe bet that such claims willgreatly increase in number in the New Year. To be sure, victims ofsuch harassment have found courage in the wake of the changingpolitical climate, particularly in light of the number of serialoffenders who have been unceremoniously removed from extremely lucrative positions. The balanceof power and fear of the power that has been wielded for yearsby perpetrators of unwanted advances and, at times, sexualassaults, has shifted in favor of those who have for too long beenvictimized in employment settings.

For employers who have knowingly elevated public image and/orpursuit of profit over protection of their employees, and who havedisplayed a callous disregard or willful ignorance for what wasoften well-known in the workplace, it would appear the day ofreckoning is coming. In fact, the Equal Employment OpportunityCommission (EEOC) recently launched an online system thatpermits employees nationwide to inquire about potentialdiscrimination and/or sexual harassment claims and toelectronically sign and file complaints against their employersand/or supervisors and managers.

The import of the EEOC's online tool for filing claims cannot beoverstated. Simply put, an aggrieved employee may now log on to theEEOC's website in the privacy of his or her home and initiate acomplaint of discrimination or harassment. The employee will beable to create a unique username and password for their continuedinteraction with the EEOC and continued monitoring of the progressof their claim. What this means in practical terms for employers isthat there will undoubtedly be an uptick in the number of claimsfiled with the EEOC in 2018.

For those employers who have not countenanced sexually offensivebehavior on the part of their executives, supervisor or managers,yet are concerned about maintaining a workplace that safeguards itsemployees and its own reputation against such behavior, training isessential. It is not enough to simply promulgate a policy thataddresses prevention of sexual harassment in the workplace, nor isit particularly effective to have employees mindlessly scrollthrough an online training module addressing sexual harassmentprevention.

Instead, employers are well advised to prioritize in-persontraining aimed at ensuring that supervisors and managers know wellwhat constitutes or could constitute sexual harassment under thelaw, how to address such behavior to ensure it is eradicated fromthe workplace, what resources are available to assist them whenconfronting an internal complaint of harassment, and how to avoidan internal complaint mushrooming into a complaint of retaliation.

The most effective training typically provides a healthy dose ofthe reality of individual liability that a supervisor or managermay face both as a perpetrator of harassment or as someone whosimply ignores inappropriate behavior in the workplace. Simply put,training that makes clear to supervisory personnel that it is intheir self-interest, both financially and from a reputationalstandpoint, to act immediately when either observing inappropriatebehavior or when becoming aware of an employee's concern ofdiscriminatory or harassing behavior, is a necessary first step toimproving a workplace culture that is at risk for “me too”claims.

Ultimately, training properly done will prove effective inuncovering and successfully remediating employee concerns wellprior to the employer having to face a formal charge ofdiscrimination or harassment. In so doing, the cost of trainingwill more than pay for itself when compared to legal fees that maybe incurred if the employer is forced to defend itself againstclaims of sexual harassment and/or discrimination.

What should an employer do, however, if the alleged perpetratoris the president or Chief Executive Officer of the company? In such a situation, is it realistic to expect the Human Resourcesrepresentative or Sexual Harassment Grievance Officer to takeaction that could prove detrimental to the highest-rankingexecutive? The answer is relatively simple – the mattershould be elevated to the Board of Directors to undertake aninvestigation and take action, as necessary, to protect thecompany.

Although simple to state, it is not as simple to act upon,unless the board has made clear its views throughout the company –and, in particular, to the senior Human Resources representative –that sexual harassment and discriminatory behavior will not betolerated and that the board expects to be informed immediately ofany concerns that relate to senior executives in thatregard.

Once informed of a concern of this nature, it is imperative thatthe board act swiftly to ensure a thorough investigation isconducted and to safeguard individuals who bring forward good-faithcomplaints, as well as those involved in the investigation, fromretaliation of any kind. Ultimately, the board's actions will speakmuch more clearly than its mere statement of zero tolerance. If aboard fails to act or is seen as attempting to cover up allegationsof sexual harassment, the company will be placed at greater risk ofliability, and a culture will be fostered whereby individualemployees will refuse to bring forward their concerns while theconcerns are still manageable. Instead, such employees will believethey have no alternative but to file a formal complaint of sexualharassment or discrimination with the EEOC or the state agencytasked with handling such complaints. As noted above, the filing ofthese complaints has become much easier in light of the EEOC'sonline filing tool.

History will likely show that the 2017 Hollywood and media-basedsexual harassment scandals not only resulted in an enormousincrease in “me too” claims within the workplace, but hopefullywill also result in widespread workplace culture improvementsdesigned to root out such offensive behavior before countless otheremployees are victimized. Whether such improvements in workplaceculture will have lasting value is dependent on actions of theBoard, company executives, and each company's trainingpriorities.