The passage of H.R. 4445, the so-called #MeToo Bill in The Senate (February 10, 2022), is a giant step for workers who have been sexually harassed in their workplaces. It is presumably a pledge from government to workers that they are free to pursue lawsuits in the workplace, even if they had previously signed paperwork upon employment that they would not sue their employers.
The White House applauded the bill as it specifically addresses sexual harassment and sexual assault and protects victims who will get the justice they finally deserve.
According to a Bloomberg Law legal report on the date of passage, the Bill:
“Prohibit(s) enforcement of contract provisions that mandate third-party arbitration of workplace sexual harassment or assault claims. Arbitration is an out-of-court process that is legally binding and takes place behind closed doors.”
The new legislation takes the pursuit of justice in cases of sexual harassment out from behind closed doors and prevents serial violators from hiding the damage caused by harassers. The accusations of sexual abuse will no longer favor companies over their workers.
The report is bipartisan in nature which, in these days of contentious governing, is a breakthrough in and of itself. According to Senator Cheri Bustos:
“The bill would apply to any new claims, regardless of when the bad behavior occurred and barring any state or local law that might limit when a claim is brought.”
It Would Be Nice
From an ethical point of view, it would be nice to believe that across the board, this #MeToo bill would equally apply to all classes in organizations and that “justice” would be equally served. I apologize, but I remain skeptical.
While the legislation permits sexual abuse or harassment to see the light of day, there are inconvenient questions that must remain answered. Let me give you five, “for examples.”
- What occurs after the successful outcome of the lawsuit? Will the employee retain their job? If so, who will ensure that the employee is not isolated or “demoted?”
- What will happen to the “offending” party? Will he or she remain in place?
- The bill seems terribly “classist” to me. I can envision a well-educated, managerial employee knowing enough to seek legal counsel, but what of lower-level employee who does not know his or her rights? Who will be there for them? Who will assuage their fears?
- What about employees who are contract labor?
- Who will advocate for the employee within the company? Who will explain the rights and the proper procedures?
The more questions I have put forward about the legislation, the more answers I would like to see resolved. Don’t get me wrong, it is a step in the right direction, but in its bold keystrokes it fails to impress me with its attention to important detail.
If I take just one of the questions I pose above; question 3, who will properly explain the bill to an employee, working at minimum wage on an assembly line, that acts of daily harassment can be prosecuted? I worry for those who feel without a voice. I worry about those who must cling to a job in order to survive and support a family on the edge of poverty.
Ethical Training as an Imperative
My biggest fear (and I don’t want this to be construed as self-serving), is that many organizations will naively reduce ethics, sexual harassment and gender discrimination training because they will assume the #MeToo bill covers all the bases. I am not saying it will be eliminated, but sharply abridged to a brief, online session.
In the absence of continuous ethics training, who will ensure a sense of control and compliance? I hope this bill helps, I certainly do, but I grow concerned that when government is perceived as doing “enough,” organizations themselves will revert to old practices.
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