ABSTRACT

The impact of the #MeToo movement has been felt in various ways for businesses, where ignoring the reality of sexual harassment at work is no longer an option. The chapter looks at incentives that led to the routine and profound failures of businesses to prevent sexual harassment, and how this hyper-focus on avoiding liability has failed to prevent harassment. It also analyses the post #MeToo attempts to change business responses through state legislative reforms, including prohibiting mandatory arbitration of sexual harassment claims, limiting the use of non-disclosure agreements, and lowering the barriers to bringing lawsuits. Finally, the chapter asks whether these changes are likely to influence the experience of harassment in the workplace, suggesting that change will depend on a shift away from compliance and liability-avoidance and towards a multi-faceted, culture-based response.