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Preventing & Handling Sexual Harassment Claims in the #MeToo Era

Expert advice for employment lawyers and in-house counsel

  • Product Number: 2190140WBC
  • CLE Credits, earn up to:
    3 substantive credits, 0 ethics credits CLE Credit Note
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  • Product Description
  • Agenda & Materials
  • Faculty
  • Product Description

    Product Description

    In the wake of numerous recent allegations that high-profile media, entertainment, and political figures have engaged in sexual harassment, the #MeToo movement has increased focus on sexual harassment in the workplace—and the number of claims at the MCAD and in court. Learn how to identify red flags in employee behavior and best practices for investigating and remediating claims. The faculty provide guidance on handling a sexual harassment case from inception to litigation at the MCAD and in court. Hear from leading practitioners—as well as from the Chairwoman of the MCAD and a sitting Superior Court judge—on the latest developments in sexual harassment, hostile environment, and retaliation law, including best practices for training, approaches to settling claims before litigation ensues, and strategies for advancing or defeating sexual harassment and related claims.

  • Agenda

    Agenda & Materials

    • 2:00 - 2:05 pm

      Welcome and Introduction of Panelists

    • 2:05 - 2:20 pm

      View From the MCAD: Trends in Sexual Harassment Cases Since #MeToo

      Sunila Thomas George, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts
    • 2:20 - 3:15 pm

      Nuts and Bolts of the Law of Sexual Harassment and Hostile Work Environment Claims- Elements and Defenses

      • How to Prevent Inappropriate Employee Behavior and Identify Red Flags Before Legal Exposure - Effective Training and Reporting Mechanisms
      • Best Practices for Conducting Workplace Investigations to Ensure Fair Treatment of the Complainant and Accused-and the Lawyer's Roles
      • How to Prevent or Law the Groundwork for Retaliation Claims-Even if the Claim is Unsubstantiated
      Andrew C. Pickett, Esq., Jackson Lewis, PC , Boston
      Hon. Robert B. Gordon, Superior Court, Commonwealth of Massachusetts
      Sunila Thomas George, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts
      Monica R. Shah, Esq., Zalkind, Duncan & Bernstein LLP , Boston, Chair
    • 3:15 - 3:25 pm

      Networking and Refreshment Break

    • 3:25 - 4:20 pm

      How to Evaluate a Sexual Harassment Case from Inception and Identify Claims with Potential for High Awards/Exposure

      • Representing Clients Who Have Experienced Trauma and Need Psychiatric and/or Medical Treatment as a Result of Workplace Sexual Harassment
      • How to Settle Harassment Claims Pre-Litigation-and How the New Tax Law's Provision on Non-Disclosure Agreements Impacts Settlements
      • How to Handle the Privacy Concerns of Parties and Witnesses on Intimate Issues through the Use of Pseudonyms, Sealing, and Impoundment
      Monica R. Shah, Esq., Zalkind, Duncan & Bernstein LLP , Boston, Chair
      Hon. Robert B. Gordon, Superior Court, Commonwealth of Massachusetts
      Andrew C. Pickett, Esq., Jackson Lewis, PC , Boston
      Sunila Thomas George, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts
    • 4:20 - 4:50 pm

      Evidentiary Concerns, Including Admissibility of Internal Investigation Files, Prior Bad Acts or Sexual History, and Psychiatric Records

      Hon. Robert B. Gordon, Superior Court, Commonwealth of Massachusetts
    • 4:50 - 4:55 pm

      Key Takeaways

      Panel
    • 4:55 - 5:00 pm

      "Ask the Experts" Q&A Session

      Panel

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  • Faculty