#MeToo Two Years Later: Some Unintended Consequences

Consciousness has been raised, and training and reporting procedures have improved, but some new laws have had mixed results, writes Littler attorney Helene J. Wasserman in this Today’s General Counsel article. Settlement short of trial has become more difficult, under federal law, employers need to decide whether to maintain the confidentiality of a settlement or take the settlement amount as a tax deduction. It appears that most are willing to forego the tax deduction in favor of confidentiality – not the intended result of the legislation. “Hopefully,” the author writes, “the positive steps being taken by employers in the areas of training and education, and appropriately responding to claims of alleged workplace harassment, will obviate some of the counterproductive legislation that has been passed.”