Davis & Ceriani’s take on employment laws and the “Me-too” movement, originally published in the January 2019 edition of the Colorado Trial Lawyers Association publication, Trial Talk
Unfortunately, sexual harassment and discrimination are still prevalent in the workplace, but the law does not allow a victim of workplace harassment to recover against his or her employer unless there is prompt reporting of the sexual misconduct. Yet, the “Me-too” movement has shown that women often wait to report sexual misconduct, sometimes for years, or that women fail to report sexual misconduct altogether. Research shows one of the main reasons women do not report is because they are fearful of not being believed or of retaliation. Given these two standards, there seems to be tension between what we now know about reporting sexual misconduct and what the law requires. In the January 2019 issue of the Colorado Trial Lawyers Association (“CTLA”) publication Trial Talk, Davis & Ceriani explores this tension.