As the #MeToo movement built momentum over the past two years, it also kickstarted a wave of broader cultural change at workplaces, sparking discussions about workplace harassment, discrimination and equity.

In a discussion about the impact of #MeToo on Aug. 10 at the American Bar Association annual meeting in San Francisco, a panel of plaintiffs lawyers, defense attorneys and lawmakers said companies and firms should adopt a holistic approach toward workplace culture, in an effort to prevent sexual harassment from happening in the first place.

The panel was moderated by Alexander Krakow + Glick partner J. Bernard Alexander, and also included Katz, Marshall & Banks founding partner Lisa Banks, Dentons partner Sandra McCandless, Morgan, Lewis & Bockius partner Chai Feldblum, and Emily Martin from the National Women’s Law Center.

“The #MeToo movement has done a great service [in] shining a light on all the failures that we had in the law and dealing with this issue,” said Banks, who has two decades of experience litigating employment discrimination and whistleblower protection cases. 

But the greatest effect of the movement, she said, was empowering victims “to stand up and say, ‘We’re mad as hell, and we’re not going to take it anymore.’”

As a plaintiffs attorney, Banks said she hasn’t seen much change in terms of the types of claims brought to the court or her approach toward sexual harassment litigation. But the response from corporations has changed tremendously, she noted.

“We are certainly seeing an effort, a better effort by corporations to take this seriously,” she said.

While companies often use confidential settlement agreements to prevent victims from speaking out about the harassment, the #MeToo movement has also started a discussion around some of the problems related to nondisclosure agreements.

Still, nondisclosure agreements aren’t always bad, Banks said, noting a nondisclosure agreement in a settlement contract can also be used to help protect victim’s privacy.

“Not everybody wants to be Gretchen Carlson, and come out and be very public,” she added.

McCandless, who primarily represents management in labor and employment matters, also observed a difference in the companies’ attitudes toward workplace harassment and discrimination.

“First of all, the boards are getting actively involved, finally!” McCandless said, noting that management teams are increasingly taking action to address harassment claims.

“We can’t just sweep this issue under the rug,” McCandless added. She said it’s easier now to ”have a real, live full-blown investigation.”

Despite the increasing awareness among clients, McCandless noted that some employers’ approach to employment law is still lacking, especially among midsized companies. Instead of addressing problems as they arise, McCandless urged companies and law firms to examine their cultures on the whole and make improvements to their policies that will create an environment where harassment is less likely to exist, also benefiting employees’ stress levels and wellness.

Agreeing with McCandless, Morgan Lewis partner Feldblum, who until recently served as a commissioner of U.S. Equal Employment Opportunity Commission, added: “It’s not just then stopping harassment. It’s moving beyond stopping illegal harassment to creating the type of holistic workplace that we all want to work in.”

“People should feel psychologically safe when they come to work, and physically safe,” she said.

Lawmakers are also working toward changes to prove workplace environment for women.

Martin, from the National Women’s Law Center, said her organization is working with policymakers at the federal and state levels to set up a network aimed at better protecting women at the workplace. Their goal is to set up a meaningful workplace harassment reforms in 20 states by 2020, according to Martin.

As of now, over 300 state legislators representing 40 states and Washington, D.C., have signed a letter of commitment declaring that they will work to support victims of sexual misconduct and make needed changes to prevent sexual harassment, Martin added.

A study by NWLC also found that 15 states, including Oregon, New Jersey, Illinois and New York, have passed new laws protecting employees from sexual harassment and gendered discrimination at work since the #MeToo movement began in 2017.

“The fixes that are just about sexual harassment are really not the best answer,” Martin said. She explained that, for example, “women of color have experienced harassment that is both sexual and racial.”

“To try to parse them apart in some way is really not true to what’s going on,” Martin said.

Martin also noted that Congress is considering a new bill, called the BE HEARD in the Workplace Act, to eliminate workplace discrimination.

Proposals like this “will, I hope, be a model for state efforts that really pulled from all the different trends that talked about today, to strengthen protections against harassment and discrimination in a more comprehensive way,” Martin said.