As we approach the one-year anniversary of #MeToo, the falling dominoes dominate boardrooms, management meetings and litigation lore. The global grasp of  the #MeToo movement cannot be understated. Within the first month alone, the moniker was already translated into 33 languages and, by the beginning of 2018, reached more than 85 countries. While it may be too early to assess the impact on any increase on Title VII (or the state equivalent) lawsuits, the other avenues for litigation have taken off. The financial implications for organizations caught in the ire of sexual misconduct is swift and severe.

Litigation Landscape

  • Title VII and the EEOC

The expanse of the movement left laypeople expecting an immediate surge of federal litigation in the area of sexual harassment and discrimination. However, due to the applicable statutes of limitations, the litigation numbers with regard to Title VII litigation would not yet be representative. While the Equal Employment Opportunities Commission (EEOC) officials report that website traffic has tripled since autumn 2017, the agency has not seen an onslaught of new filings according to acting chair of the Equal Employment Opportunity Commission (EEOC), Victoria Lipnic. Pursuant to federal law, would-be plaintiffs have 300 days to file a complaint (the statistics for state equivalent statutes to Title VII are not widely retained). Thus, it will likely take some time for the influx of claims to start matching the degree of public discourse. However, the commission is seeing a directly correlative increase in other areas. For example, Lipnic has said that requests for workplace trainings have increased dramatically. Based upon the attention #MeToo is getting and the significant financial losses experienced by some organizations, it is not surprising that they are attempting to stave off claims through such trainings.

  • Shareholder Litigation