The Persistence of Unlawful Discrimination

In 1991, when I was still a young lawyer, Congress passed amendments to Title VII - The Civil Rights Act of 1964. For the first time, trials would be decided by a jury, not a judge, and plaintiffs could recover damages for emotional distress and punitive damages. I had always been interested in civil rights, so I decided that discrimination law was the type of law I wanted to practice. Up until 1991, I tried personal injury and business cases. I was excited to handle sexual harassment and race discrimination cases. The law applied to causes of action that occurred after the amendments in 1991. In 1994, I tried my first three sexual harassment cases. I decided to handle discrimination cases for the next ten years, since surely after ten years employment discrimination would be eradicated by the new law.

It is now twenty-seven years since Congress amended Title VII.  I am no longer a “young” lawyer, in fact I am rather mature. My caseload of race discrimination and sexual harassment cases, along with age and disability discrimination cases, has only increased. Recently, I have seen an uptick in sexual harassment and race discrimination.  Discrimination is sometimes more subtle, but it sure still exists.

I admire my clients, who demonstrate more courage than is imagineable.  They are constantly fighting back, combatting pernicious discrimination in their own lives, one case at a time. I keep reminding myself of the words of Dr. King, “The arc of the moral universe is long, but it bends toward justice.”

Let’s Be Fair - We Must Investigate Sexual Harassment

Lately, thankfully, women, especially movie stars, have come forward to expose sexual harassment.  The most notable harasser is Harvey Weinstein, with over 100 accusers. Sexual harassers usually don’t harass in a vacuum.  They are repeat offenders. I feel confident that Weinstein is a despicable sexual reprobate.

However, sometimes, recently, we may have forgotten that there could be another side to the matter. I know my belief that sexual harassment must be proven may strike some people as shocking. I handle sexual harassment claims, but there are reasons I believe my clients.  It may be the corroboration by co-workers, the repeated complaints, or the credibility of the parties.  However, we must be careful. I fear that we could get to a point where a mere accusation without merit, can ruin a man.

I am a feminist, but we must be fair. There is a lot of sexual harassment out there, but merely because someone is accused does not make it so.

In our sexual harassment cases, we generally have corroboration or multiple complaints. “Time is up” for sexual harassment.  The ‘Me, too” movement has helped scores of women. But we cannot forget that some accusations may be false.  We do not want to have a Joe McCarthy mentality.  To the brave women coming forward who have been harassed, I commend you and recognize how hard it is to come forward.  But, we need to not make knee-jerk judgments.  It helps no one to vilify those who may be innocent.  I hope I and others can vindicate women with valid claims and investigate to know the difference.