The #MeToo Movement Changed Laws

You Have Rights As A Worker. I Will Help Protect Them.
Denis ZilberbergSeptember 7, 2018Sexual Harassment

You may have seen that California Governor Jerry Brown is considering a bill that would end the ability of employers in the state to stop workers from suing them for sexual harassment and discrimination.

Right now, businesses can force employees to sign arbitration agreements, and they often do not even know they have signed them. Employers will put them in the huge stack of hiring forms that employees sign when they first come on board.

These arbitration agreements “require workers to waive their right to sue their employers for labor violations, discrimination, sexual harassment, and basically anything else.”

This forces employers to resolve complaints through private arbitration – no court, jury, or judge.

No justice.

Thankfully, in light of the powerful “Me Too” movement spreading across the country, the California legislature has passed a bill that would make this practice illegal. The bill would make it impossible for employers to revoke a job offer or retaliate against an employee who chooses not to sign the arbitration agreement.

Why Employers Use This

Simply, employers want to avoid a jury in cases of sexual harassment. Workplace culture has long reinforced the acceptance of behavior that should be seen as inappropriate.

What is inappropriate workplace behavior?

  • Demeaning comments
  • Inappropriate touching
  • Inappropriate kissing
  • Intimidation
  • Making employees feel they must be sexual to get promoted
  • And many more

Juries will be much more sympathetic to the employee bringing these cases, especially as the public is becoming more aware of how prevalent this behaviour has been in the workplace.

A 2011 study had two shocking results:

  1. Arbitrators were more likely to rule in favour of businesses that continually chose them for cases.
  2. Arbitrators were more likely to award less money to their clients’ employees when they found the business at fault.

Arbitrators are not fair to employees and juries are much more likely to rule against a business that promotes sexual harassment behaviour.

Your Next Steps

Many people in the past have been afraid of reporting sexual harassment cases out of fear of retaliation. The culture was one in which the perpetrators of sexual harassment were protected by their fellow coworkers and even their bosses.

How could a victim come forward without fear of losing their jobs? Many people do not have other employment options.

Sexual harassment is a plague in all industries.

If you have been the victim of sexual harassment in the workplace, you do not have to be silent anymore. The Kaufman Law Firm has an extensive history handling these cases. We believe everyone has the right to be safe at their workplace, somewhere where they should be free from sexual harassment.

When you need a sexual harassment attorney in Los Angeles, contact The Kaufman Law Firm by clicking here or calling us at 310-981-3404. We will examine your case and work with you to determine the best path forward. For the Kaufman Law Firm, “Me Too” has become a rallying cry for us, ensuring that we fight as hard as we can for employee rights.


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