This current wave of sexual harassment (and, in some cases, sexual assault) allegations that are making headlines every single day is downright astonishing to many employment lawyers that I know. It is the tsunami that knows no end. And right now, that makes me nervous. But maybe not for the reason you might think. It’s not that I am nervous for companies or the risk of lawsuits. I think many companies are prepared to deal with claims of harassment that arise and will adapt quickly to the landscape where more employees are bringing such matters to their attention. What makes me nervous is the potential rush to judgment that seems to increase with every case. Think of Matt Lauer last week: A claim brought Monday evening and he was fired late Tuesday night. Quick. Thorough? Perhaps. Correct? Probably (based on the media reports). But still pretty quick. This is not a defense of harassers or even of Matt Lauer. If someone commits sexual harassment, companies ought t...
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