When a #MeToo Story Merits a Lawsuit
Atlanta trial lawyer and legal commentator B.J. Bernstein has produced a 30-minute podcast about the challenges of turning #MeToo disclosures into lawsuits.
March 07, 2018 at 02:11 PM
3 minute read
For all the revelations of once-secret workplace sexual harassment and assault that the #MeToo movement has uncovered, turning those into winnable lawsuits is another story.
Atlanta trial lawyer and legal commentator B.J. Bernstein has produced a 30-minute podcast about how she believes it can be done. In “Law Talk with B.J.,” Bernstein invited one of her own “go-to” employment lawyers—Cheryl Legare of Legare Attwood & Wolfe—to answer questions about which #MeToo disclosures to pursue legally.
Legare said the first question she asks new or prospective clients is, “When?”
When was the last time this happened? If this was a long-ago trauma just disclosed, then truth-telling alone might be the extent of the value. These charges, like other workplace grievances, typically start as complaints to the U.S. Equal Employment Opportunity Commission. The statute of limitations varies from 180 days to 300 days, depending on the state, Legare said.
Legare said she encourages pursuance of criminal charges where warranted. “The civil angle is harder to prove,” she said.
She said she sees more workplace sexual harassment complaints coming from smaller companies, both urban and rural. But all companies should think hard about after-hours events and travel junkets where alcohol flows freely. “Nothing good happens after 5,” Legare said.
Even if a sexual harassment claim does have a legal path forward, sometimes the lawyer or the client should rule them out because of the personal toll. “Litigation is not easy,” Legare said. “Sometimes I have to tell people, 'I'm not sure you can handle litigation or that it's not good for you.'”
People often are surprised to learn that their own personal medical, psychiatric and financial records can become public as part of the process. Also, they find that having filed a lawsuit can hurt their chances of finding other jobs. The complaint becomes a public record and likely the first item that shows up on a Google search. Legare said she has had clients who couldn't find another job in their field because potential employers were scared off by a prior lawsuit.
“I encourage people to take some time and think about it,” Legare said.
Bernstein noted that, even with the challenges, Legare has had success stories with such lawsuits.
“We are at a time of rebirth and renewal of justice in the workplace,” Bernstein said.
She noted that the 30-minute podcasts—all over a cup of tea—allow her more time to explore litigation and social issues than her regular three-minute spots as a television legal commentator.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All11th Circuit Revives Project Veritas' Defamation Lawsuit Against CNN
'Paragraph V Displaced Lathrop': High Court Mulls Sovereign Immunity Waiver Disputes
7 minute readBig Law Practice Leaders 'Bullish' That Second Trump Presidency Will Be Good for Business
3 minute readTrending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Trump's Return to the White House: The Legal Industry Reacts
- 3Election 2024: Nationwide Judicial Races and Ballot Measures to Watch
- 4Climate Disputes, International Arbitration, and State Court Limitations for Global Issues
- 5Judicial Face-Off: Navigating the Ethical and Efficient Use of AI in Legal Practice [CLE Pending]
- 6How Much Does the Frequency of Retirement Withdrawals Matter?
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250