Is 'MeToo' Only a Social Movement or a Legal Movement Too?

18 Pages Posted: 21 Aug 2018

See all articles by L. Camille Hebert

L. Camille Hebert

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: August 21, 2018

Abstract

This essay discusses some of the effects of the “MeToo” movement as a social movement, bringing issues of sexual assault and sexual harassment to the forefront. The essay then raises the question of whether that movement might also have implications for the law of sexual harassment. The essay discusses three elements of the law of sexual harassment—the “because of sex” requirement, the requirement that the harassment be subjectively hostile and objectively severe or pervasive, and the standard for employer liability for harassment—and explores the way that the “MeToo” movement might affect the way in which courts apply those elements. The essay then discusses other ways in which the law relevant to sexual harassment claims has been and may be changed by the movement, including with respect to mandatory pre-dispute arbitration agreements and nondisclosure agreements.

Suggested Citation

Hebert, L. Camille, Is 'MeToo' Only a Social Movement or a Legal Movement Too? (August 21, 2018). Employee Rights and Employment Policy Journal, Volume 22, No. 2 (2018), Ohio State Public Law Working Paper No. 453, Available at SSRN: https://ssrn.com/abstract=3236309 or http://dx.doi.org/10.2139/ssrn.3236309

L. Camille Hebert (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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