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With the deluge of allegations from both men and women claiming sexual harassment or abuse by people of power, a number of heads have rightfully rolled. From Harvey Weinstein to Matt Lauer and Charlie Rose, the accused are being ousted from the positions they have held for years— decades even.

Faced with allegations of harassment in the workplace, and with these claims often playing out in the court of public opinion, legal departments are in a tough spot. How can companies and in-house counsel create an environment that encourages speaking out, while also ensuring that there's no fear of a hasty reaction?

This fine line companies must walk was touched upon late last year by U.S. District Chief Judge Colleen McMahon of the Southern District of New York. While accepting an award in December, McMahon noted that with the chorus of voices speaking out against harassment, “we can finally address the nefarious and way too prevalent scourge of sexual harassment in the workplace.”

But with the good, there may also be a downside. Pointing to what's known as the “Graham Rule,” which says a man shouldn't ever be alone in a room with a woman unless it's his wife, McMahon said that some men, worried about varying opinions on what's appropriate in the workplace, have questioned whether “the Graham Rule might not be a salutary and effective prophylactic.”

“That scares me to death,” she said.

Indeed, if male employees are afraid to be in a room or go on a business trip with female colleagues, there would be a boomerang effect on women, said Shira Scheindlin, of counsel at Stroock & Stroock & Lavan and a former federal judge in the U.S. District Court for the Southern District of New York. “A lot of women have worried that this new MeToo movement will deter men from working one-on-one with women,” she said. “That would be very bad for women because that would limit their opportunities for advancement.”

To fight against this, companies have to implement proper policies and need to have training on what's appropriate and what's not, “because maybe some people really don't know,” said Scheindlin, who leads Stroock's newly formed unit that helps clients conduct internal investigations into alleged sexual misconduct.

As for whether the current environment, in which these accusations frequently make headlines, leaves room for an investigation, as opposed to a company reacting quickly, attorneys said the answer is yes, but it takes some work.

Part of that is in clearly identifying when quick action is necessary, said Scheindlin. “One of the things that may have been lost in the conversation is to be careful to have a gradation of misconduct,” she explained. “If you have an allegation of something truly beyond the pale …there's no way you can wait for the investigation” before taking some kind of action.

But there are other instances that may not require quick firing or suspension, according to Scheindlin. Unwanted attention or repeatedly asking someone out, while not acceptable, are “not so terrible that they require an immediate overreaction,” she offered. “[These types of complaints] should be investigated within a company and should be resolved within the company.”

Once an investigation is initiated, it's essential that employees view those involved as neutral and that investigators don't feel beholden to come to a particular conclusion, said Dona Kahn, of counsel at Anderson Kill and a member of the firm's labor and employment group. This is true whether the circumstances dictate that the matter be handled internally or with outside help.

“You don't want to have a situation where everybody is afraid to do something. Afraid to open their mouth or afraid to go in a work trip with someone of the opposite sex,” Kahn said. “There has to be a reasonable, sensible balance so that both men and women have the chance to have a workplace that is welcoming.”

When there aren't fair processes in place for both the accuser and the accused, it's bad for both sides, said Deborah Kelly, a partner at Manatt, Phelps & Phillips, whose focus includes labor and employment matters. “Companies have obligations to do a prompt and thorough investigation into allegations and to keep the investigation as confidential as possible. And not to retaliate against the person who came forward as well as the witnesses,” she said. “You've got to do that. You can't just take one side as proof positive unless the evidence is proof positive.”

While there's plenty of sensitivity around workplace harassment right now, Kelly said she doesn't think this means companies are failing to be judicious.

“Is [this issue] more highly charged? Yes,” she said. “Do I think due process is dead? No, it should not be.”