The #MeToo movement has taken on serious momentum, and seems to hit a new industry every day. Human Resources personnel and corporate counsel across many industries are scrambling to assess their policies against sexual harassment and to make sure their employees are trained on these policies. However, most companies, both large and small, already have perfectly fine policies. Policies at large companies are often written by lawyers; for smaller companies, sufficient policies are easily found on-line or in human resources manuals. Further, many companies already have sexual harassment training. In fact, in California, employers with 50 or more employees are required by law to provide training to supervisors every two years.

But the crux of the problem is not lack of sufficient policies, or the lack of training. The problem is that most companies send a message that they do not take their own policies very seriously. Companies simply want to be able to check the box, stating they had a policy and they trained their employees on it, primarily because this could shield them from liability under federal law and could shield them from certain damages under California state law.

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