Title VII and the #MeToo Movement

23 Pages Posted: 17 Apr 2018

See all articles by Rebecca White

Rebecca White

University of Georgia School of Law

Date Written: April 17, 2018

Abstract

The #MeToo movement has drawn unprecedented attention to sexual harassment in the workplace. But there is a disconnect between sexual harassment as popularly understood and sexual harassment as prohibited by Title VII. This Essay identifies those areas where the law and the public understanding of it most starkly diverge. These include the requirements of severity or pervasiveness, the issue of unwelcomeness, the availability of an affirmative defense for hostile work environment claims, and the time limits within which claims must be brought. Additionally, those making claims of sexual harassment fare poorly when they suffer retaliation for stepping forward. Internal complaints (which the affirmative defense essentially require be made) do not receive the absolute protection extended to formal charges of discrimination. And because many complaints concern conduct that has not yet reached the requisite level of severity or pervasiveness, the complaints are deemed not to be based on a reasonable belief that the law has been violated and thus are found unprotected.

This Essay identifies where the #MeToo movement, to the extent it reflects societal understanding of what the law should be, may impact judges’ application of governing legal standards. The law often evolves in response to changing social norms, and the #MeToo movement, in ways this Essay describes, has the opportunity to effect this evolution in the law’s approach to on-the-job sexual harassment.

Keywords: sexual harassment, #MeToo, Title VII, anti-discrimination, employment law, retaliation

JEL Classification: K30, K39

Suggested Citation

White, Rebecca H., Title VII and the #MeToo Movement (April 17, 2018). 68 Emory Law Journal Online (2018); University of Georgia School of Law Legal Studies Research Paper No. 2018-14. Available at SSRN: https://ssrn.com/abstract=3164487

Rebecca H. White (Contact Author)

University of Georgia School of Law ( email )

313 Law School
Athens, GA 30602
706-542-1279 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
200
Abstract Views
1,055
rank
155,185
PlumX Metrics