Over the past year, as sexual harassment has been prominently in the news, many friends have said: “Wow, as an employment lawyer, you must see so many more harassment cases.” But the reality is, apart from raising awareness through speeches and client training, #MeToo has not resulted in a significant uptick in the case mix we are seeing. The recent decision by the U.S. Court of Appeals for the Third Circuit in Minarsky v. Susquehanna County, No. 17-2646 (3d. Cir. July 3, 2018) explicitly references #MeToo as it relates to affirmative defenses to sexual harassment claims in the Third Circuit and may help change that dynamic—particularly as it relates to women not coming forward with complaints against their male supervisors.

Ongoing Harassment

Sheri Minarsky worked part-time as a secretary for Thomas Yadlosky, the former director of Susquehanna County’s Department of Veteran’s Affairs for many years. Although Yadlosky made unwanted sexual advances toward Minarsky for roughly four years, she never reported this conduct despite the department’s anti-harassment policy, of which she was aware. When she first reported Yadlosky’s behavior, he was terminated.

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