employment law exam 2

Elements of a Promissory Estoppel Claim

1.One party makes an unambiguous promise to another. 2.The party that receives the promise acts in reasonable reliance upon it. 3.Reliance on the promise is expected and foreseeable by the party making the promise. 4.The party to whom the promise is made is harmed by reliance on it

Harassment

A form of disparate treatment where the victim of harassment is subjected to inferior working con-ditions because of her sex, race, or other protected class characteristic

The ADA at 25: The remaining challenges. Society for Human Resource Management.

A good number of accommodations require little cost or no cost Many businesses do not make the effort to accommodate It is a myth that individuals with disabilities are not hard workers

Young workers seek mental health accommodations, employers try to keep up. Wall Street Journal.

Accommodations are shifting from physical disabilities to mental disabilities People are scared to come out about their mental disabilities Stress related disorders are covered under ADA Companies failing in their request to fill these accommodations is about having the conversation

undue hardship

Accommodations that are unduly costly, extensive, substantial, or disruptive or that would require fundamental alteration of the nature or operation of the business.

Portal-to-Portal Act

Act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime.

Consent Decree

Affirmative action that arises out of legal proceedings can be imposed either as a remedy following a determination by a court that an employer has engaged in a serious pattern or practice of intentional discrimination or as part of a judicially approved settlement between the parties; the latter

Uniformed Services Employment and Reemployment Rights Act (USERRA)

An Act detailing the extensive legal requirements surrounding military service

Sex-Linked Aspects of Jobs

An employer that advertises for a "waitress" is signaling that it expects to hire a woman and is discouraging males from applying. Terms such as "young people" and "recent college grad" imply a preference for persons younger than age 40 and tend to discourage applications from older workers.

Religious Organization Exemption

An exemption that absolves churches of any liability for discriminating on the basis of religion.

Study finds salary-history bans boost pay for African-Americans, women. Wall Street Journal.

Ban the box can backfire If you use past job history to make employment decisions than that allows for more discrimnation

How to conduct a workplace investigation. Society for Human Resource Management.

Ensure there is confidentiality Select the right investigator Create a plan for the investigation Make sure everything is investigated Use open ended questions What evidence do we want to collect?

White-Collar Exemption

Exemptions for executive, administrative, and professional employees.

Fair Labor Standards Act (FLSA)

Federal law that establishes a minimum wage and requirements for overtime pay and child labor

Shea v. Kerry

Firm is having an issue with minorities being represented in the higher level roles The firm was using affirmative action to meet the diversity requirements The court found that although the attempt did not work, the department did not resort to explicit racial preference.

Interactive Process for Determining Reasonable Accommodation

First, the job in question should be examined and its essential functions determined. Second, the individual with a disability should be consulted to determine his spe-cific physical or mental abilities and limitations. Third, together with the disabled individual, potential accommodations should be identified and assessed. Fourth, an accommodation that serves the needs of both the employee and the employer should be selected

Sex-Stereotyping

Generalized belief about behaviors or characteristics attributed to a certain sex

FMLA: A primer for HR.

Go over steps to go on leave Train your managers early and often Provide evidence of actual reason for termination other than fmla leave Confirm that time off is consistent with usual time

Proposition 206: The Fair Wages and Healthy Families Act

Sick leave Designed to protect the most vulnerable workers Working minimum wage Cant afford to miss a paycheck Increasing minimum wage Mandatory sick leave

When the harasser is a client. Wall Street Journal.

Handling client harassment is different than within the company This is a blindspot It is a tough situation because then the employee might have to quit The employer should do more to help their employees

Best Practices for Harassment Policies and Complaint Procedures

Have a clear definition and examples of discrmnaion Have a hotline Don't blame the victim The employer cannot be one sided Remove the individual from the problem Start the investigation as quickly as possible

The flexibility paradox. Society for Human Resource Management.

Increase in flexibility increased retention in one example Flexibility can increase stress because people may be able to take on more hours Businesses were thinking about turning off technology between 7pm-7am Idea of using trackers to use when people go on vacation to make sure they are actually on vacation

Religious-discrimination claims on the rise. Wall Street Journal.

Increasing number of EEOC charges due to religion More religious diversity because of immigration inflows More people are becoming comfortable sharing their religion

How doctors deal with racist patients. Wall Street Journal.

It is common that patients will choose a different doctor because of their race Working on a simulation to help with this discrimnation

The benefits (and risks) of the mental-health day. Wall Street Journal.

Mental health days should be less stigmatized Manage mental health days so it does not effect your co workers Try and take it off earlier rather than later so it does not dump work on peers

How to recognize—and avoid—caregiver discrimination. Society for Human Resource Management.

Millenials are waiting to have kids around the same time they are starting to care for family members Work with legal counsel to make sure you are following equal opportunity Avoid materialistic policies Use an expanded definition of family

Soft Skills

Motivational, interpersonal, and communication skills

Compulsory Service Charges

Must be stated to the customer in advance of ordering. The customer can only refuse to pay it if the service was poor.

Legal Protections against Weight-Based Discrimination

Only one state (Michigan) makes it illegal to discriminate against employees based on their weight, but other laws -- especially the Americans with Disabilities Act (ADA) -- might offer some protections.

Compensatory Time

Paid time off to reimburse workers for overtime

Intermittent Leave

Periods of leave mixed with periods of work

Best Practices for Using Interviews

Prepare Know what answers are good answers How will you evaluate the answers? Have multiple interviewers Ask questions that are linked to the KSAO's Ask the same questions of everyone Have notes to refer back to

Reasonable Accommodation

Reasonable accommoda-tion means the extra flexibility and support to which quali-fied individuals are entitled that ensures equal employment opportunity by enabling full participation in the hiring pro-cess, enabling performance of the essential functions of jobs and allowing equal enjoyment of the benefits and privileges of employment.

Discrimination Based on Sexual Orientation and Gender Identity

Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex. Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII

Religious Advocacy

The act of conveying one's religious beliefs to others in the workplace with the aim to interest coworkers in a particular religion is termed as religious advocacy.

Religious Harassment

The act of imposing a religion or any unwelcome pervasive comments about other religions and interfering with their practices that create a hostile environ-ment for the employees

Options for Determining Leave Year under the FMLA

The calendar year; Any fixed 12-month "leave year" The 12-month period measured forward from the date any employee's first FMLA leave begins; or.

Affirmative Defense for Harassment

The employer exercised reasonable care to prevent and correct promptly any harassment. 2.The plaintiff unreasonably failed to take advantage of any preventive or corrective oppor-tunities provided by the employer or to avoid harm otherwise

Prevailing Wage

The minimum wage to be paid employees working on federal contracts or subcontracts. The wage is determined by the wage paid other workers in the area.

Elements of a Failure to Reasonably Accommodate Religion Claim

The plaintiff must establish a prima facie case of failure to reasonably accommodate religion by showing all of the following: •The existence of a sincere religious belief or practice that conflicts with an employment requirement •The employer was informed of the conflicting belief or practice •The employee or applicant suffered an adverse employment outcome because of adhering to the religious belief or practiceIf a prima facie case is established, the employer must show one of the following: •A reasonable accommodation was offered but not accepted •No reasonable accommodation without undue hardship was available

Compensable Time

Time spent in the principal work duties of an employee, during work hours or during time off and not punctuated with breaks, periods of waiting or downtime and other activities

Duties Test

To determine whether employee's duties are genuinely executive, administrative, or professional Not controlled by job title Must be paid a salary

Compelling Government Interest

To survive a constitutional challenge to its affirmative action plan that uses racial preferences, a public employer must show that the plan serves BLANK

Best Practices for Harassment Training

Training should be provided to all employees Managers and supervisors need to trained on how to deal with harassment Concrete examples should be provided Make sure policies are informal Make sure the harassment training starts from the top

Bona Fide Occupational Qualification (BFOQ)

a necessary (not merely preferred) qualification for performing a job

Disability

a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, and being regarded as having such an impairment.

Escalator Principle

a principle stating that employers must attempt to place individuals returning from military service into the positions, including promotions, they likely would have attained absent the service

Negligence Standard

a provision of law under which an employer is liable for the harassment of an employee by coworkers and third parties if it can be established that the employer knew or should have known about the harassment and failed to take prompt and appropriate action

English-Only Rules

a rule curtailing the use of other languages in the workplace

Key Employee Status

a salaried employee who is among the top 10 percent of a company's employees (i.e., those within a seventy-five-mile radius of the employee's workplace) in pay. Employers cannot refuse leave to key employees but can decline to restore them if restoration would "cause substantial and grievous economic injury" to the employer's operation

Religion

a strong belief in a supernatural power or powers that control human destiny

Proposition 414: Initiative for a Living Wage

eliminating the unanimous vote requirement for the city council to be able to not print the full text of a charter amendment on the ballot.

Nonexempt employees

employees covered by the FLSA requirements for overtime pay

Highly Compensated Employees

employees paid at least $100,000 annually (which must include at least $455/week paid on a salary basis) are exempt if they have an identifiable executive function, even if they do not meet all the duties test criteria

EEOC v. Management Hospitality of Racine

employees were sexually harassed by one of the managers. No action was taken for the complaint. Was there a valid harassment policy in place? the plaintiff has to prove the severity of the event and it creates a hostile work environment. The company has the ability to establish affirmative defense the firm's policy did not provide contact information for who to reach for harassment. Having a policy that is clearly communicated and works at addressing the underlying misconduct. Example of affirmative defense strategy that failed.

The Legality of Affirmative Action under Title VII versus the U.S. Constitution

employer that wants to consider protected class characteristics when making employment decisions to enhance the employment of women and persons of color can do so only if a formal, written affirmative action plan is in place. Affirmative action must also be remedial in nature affirmative action is a temporary measure that must not continue after the identified underutilization has been eliminated. affirmative action plans must not establish quotas (i.e., rigidly adhered-to requirements, such as a specified number or percentage of new hires that must be women) or set aside positions based on protected class. Efforts to achieve affirmative action goals must not result in the hiring of unqualified persons. Like-wise, affirmative action goals cannot be invoked as a basis for race or sex-conscious disciplinary or layoff decisions

Principles for Determining Whether Activities Are Compensable

employers are required to compensate all work that they "suffer or permit. Claims that employees have contributed work without employers' knowledge and against their will are rightly viewed with skepticism

Exemptions from the FLSA Requirements

exempt employee and nonexempt employee are used to contrast employees for whom employers do not have to follow FLSA requirements (exempt) with employees entitled to the act's protections (nonexempt)

Kellar v. Summit Seating

plaintiff is claiming she deserves OT pay. She would come in early to set up for the day even though no one asked her. She never reported to anyone that she was working OT. Was her pre-shift work payable? employers do not have to pay for preliminary work, works that is diminus, work that neither has active or constructive knowledge of the work the lack of knowledge saved the company

Keith v. County of Oakland

plaintiff wanted to become a lifeguard but the doctors kept holding him back because of his deafness. He had medical technology that allowed him to hear people in distress. They figured out that the lifeguards don't need to hear because distressed swimmers usually don't yell for help. Is Keith a qualified applicant with reasonable accommodation? does the applicant's disability disqualify them from the job? Can the applicant do the job with accommodations? Must complete the individualized inquiry there were no indicators saying he would not be able to do his job properly

Americans with Disabilities Act

prohibits discrimination against the disabled

Remedies

should correspond to the severity of the harassment and be reasonably calculated to end it. It is critical that high-level employees or "star" performers not be given a pass or treated more leniently than other employees who engage in comparable conduct.

quid pro quo

something given in exchange or return for something else

Pregnancy Discrimination Act

specifically outlaws discrimination on the basis of pregnancy

Dual Jobs

staff employee who holds a full-time (100%) staff position in one department takes on an additional staff appointment in another department.

De Minimis Cost

states that if a discount is less than 0.25% of the face value for each full year from the date of purchase to maturity, then it is too small to be considered a market discount for tax purposes.

Job Evaluation

systematic process for rating jobs in terms of certain compensable factors. The requirements of jobs, rather than the performance of individuals, are the basis for job evaluations. Jobs that are rated higher are more demanding and valuable to employers and tend to be paid more.

Linguistic Discrimination

the act of discriminating against someone because of their language, dialect, or accent

Davis v. Ford Bend County

the employee said she was not able to make it to work on sunday because of a previous religious observ there was an accommodation with undue hardship they sided with the woman and it was not undue hardship

Glass Ceilings

an invisible limit on women's climb up the occupational ladder

Hostile Environment Harassment

an result from a wide range of verbal conduct, including insults, epithets, tasteless jokes, profanity, and requests for sexual favors; physical conduct, including touching, exposure, staring, stalking, sexual assault, and rape; and displays of images, including pictures, posters, e-mails, websites, and pornography. Hostile environ-ments can be created not just by managers and supervisors, but also by coworkers and third parties (e.g., customers and clients)"

Elements of a Failure to Reasonably Accommodate Disability Claim

not removing obstacles to employment for persons whose disabilities or religious beliefs require such flexibility and when doing so would not impose "undue hardship" on the employer.

Overtime Pay

pay received for hours worked in addition to regular hours

Elements of a Harassment Claim

(1) was because of sex, (2) resulted in a tan-gible employment action or was sufficiently severe or pervasive to create a hostile environment, and (3) was unwelcome. It is also necessary to show that (4) there is basis for holding the employer liable for the harassment

Salary Basis Test

- must be paid a pre-specified sum of at least $455 week - pay cannot be docked for off time (pay docking rule)

FMLA Qualifying Events and Serious Health Conditions

-The birth of a son or daughter of the employee -Placement of a son or daughter with the employee by adoption or foster care -The need to care for a spouse, son, daughter, or parent with a serious health condition The inability of an employee to perform the functions of his job due to a serious health condition -The need to care for a service member who suffered a serious injury or illness while on active duty ("military caregiver leave") -Any "qualifying exigency" (e.g., short-notice deployment, military events, financial and legal arrangements, counseling, post-deployment activities) arising from the fact that a family member in the military is, or soon will be, placed on active duty

Elements of an Interference with FMLA Rights Claim

1.She was eligible for FMLA benefits and protections.• She worked for this employer for at least twelve months. •She worked at least 1,250 hours in the twelve months prior to taking leave or attempting to do so. 2.Her employer was covered by the FMLA. •The employer is a private-sector employer with fifty or more employees at the same worksite or spread across multiple worksites within a seventy-five-mile radius. •The employer is a public agency with any number of employees. 3.She experienced a qualifying event entitling her to FMLA leave. 4.She provided her employer with sufficient notice of intent to take leave. 5.She had not already exhausted her maximum leave entitlement for the relevant twelve-month period. 6.FMLA benefits to which she was entitled were delayed or denied by the employer.

Preference

A choice; first choice; something preferred

Free Exercise Clause

A clause that protects the free exercise of religion from infringement by the government

Comparator

A person of the opposite sex who is in the same workplace and receives a higher rate of pay for perform-ing the same type of work as the plaintiff.

Constructive Discharge

A resignation that occurs when an employee is presented with the stark option of resigning or being immediately terminated

Sexual-harassment training gets a revamp. Wall Street Journal.

Companies are creating sexual harassment trainings Some companies are not willing to create a training because they believe they do not have a problem with harassment If employees do not feel comfortable reporting harassment or if their job is in risk they will not report on anything

Primary Duties

Courts have to determine whether the pri-mary duties of an employee are exempt in nature

Reverse Discrimination

Discrimination against the majority group

Reduced Leave Schedules

Employees must be allowed to take leaves on an intermittent basis

Exempt Employees

Employees who are excluded from U.S. Fair Labor Standards Act minimum wage and overtime pay requirements.

Tipped Employees

Employees who customarily and regu-larly receive at least $30 per month in tips

Preventing and correcting workplace harassment: Guidelines for employers. Business Horizons

Employer asked that the employees wear provocative clothing to keep business going One employer quit to stop the harassment Was not taken into investigation Similar to wells fargo case More unconventional harassment Set a presence for harassment not being tolerated Be an example Make sure the case is done discreetly Don't blame the victim Offer counseling to the victim Best practices Create clear policy Have explicit statement of prohibited behaviors Have a procedure that encourages complaints Help witnesses with retaliation Ensure confidentiality Have a program that helps people after Have disciplinary actions

Best Practices for Responding to Reports of Harassment

Employers must respond promptly Protect employee from any retaliation Determine if complaint is justified Interview individuals that were associated with the claim Employer needs to show reasonable care Employee needs to be kept in the loop Don't draw conclusions early Respect the right of he accused Off duty conduct is included in the policy Maintain all records

Facially Discriminatory Policies/Practices

Employers that base employment decisions on protected class characteristics are engaging in disparate treatment. When they do so overtly and argue that it is necessary to limit a particular type of employment to people with specific protected class characteristics.

17 tips for anti-harassment training. Society for Human Resource Management.

Ensure the training is interactive and a trainer is present Clarify that the trainings is serious Provide specific examples of inappropriate behaviors Provide supervisors with information for how to respond in the moment Be careful with using humor

Maximizing minimum wage. Society for Human Resource Management.

If walmart is doing it... everyone should do it? Companies are trying to get a competitive advantage Concern of pay compression Companies are proactively increasing from the bottom Learning wage or living wage?

Fit

Implies that the candidate has the knowledge, skills, abilities, and other characteristics (e.g., motivation) to per-form a particular job well.

Employer Requirements under the FMLA

In addition to providing eligible employees an entitlement to leave, the FMLA requires that employers maintain employees' health benefits during leave and restore employees to their same or an equivalent job after leave. ... The law also includes certain employerrecordkeeping requirements.

Many employers must offer paid leave under coronavirus relief law. Society for Human Resource Management.

Larger companies need to step up on social responsibility Provide a level of flexibility

Living Wage Laws

Laws that require state or municipal contractors, recipients of public subsidies or tax breaks, or, in some cases, all businesses to pay employees wages that are significantly above the federal minimum, enabling families to live above the poverty line.

Continuous Leave

Leave taken all in one block with no work occurring between the beginning and end of leave.

Liability for Harassment: Vicarious Liability

Legal responsibility for damages for occurrence of harassment unconditionally placed with the employing organization, despite the organizations' best efforts at prevention

Supreme Court ruling on gay rights affects work life for millions. Wall Street Journal.

Lgbtq are a protected class as of last summer Most impactful for smaller companies in states where it was not already protected

More workers eligible for overtime pay in 2020. Wall Street Journal.

Low level managers are barely making enough Obama administration wanted to up the pay Did not go through with it because it would have been too expensive for companies

Major Life Activities

Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.

Elements of a Pay Discrimination Claim

Make a claim under the EEOC Getting paid differently for doing the same job under the same conditions

Subjective Criteria

The standards and means of assessing candidates that are not uniform and clearly specified. They rely heavily on intuition and "gut" feelings, rather than sys-tematic observation and measurement.

Grounds for Using a BFOQ: Privacy

This consideration primarily relates to requirements for employees of a particular sex.

Grounds for Using a BFOQ: Authenticity

a director casting a movie and limiting a female role to female actors. Authenticity also applies where sex or sex appeal is the essence of the job and business.

Underutilization

Using fewer resources than an economy is capable of using

"Who was that (un)masked man?" Does the law protect employees and guests against wearing face coverings? Littler Mendelson.

Wearing a mask is covered under constitutional rights for federal organizations but not private organizations

Grounds for Using a BFOQ: Public Safety

When hiring or assigning employees with particular protected class characteristics is necessary to protect the safety of others, facially discriminatory requirements are legally defensible.

White v. Beltram Edge Tool Supply

White had a knee injury but did not request fmla leave until 10 months later. Works April to December and stopped showing up. She reported symptoms not related to her knee. She told her employer why she was not showing up. She fell twice more and was suggested to have surgery. She was told to fill out paperwork for fmla leave but was able to turn it in within the given time. She asked for an extension. Her doctor's note was given to her employers. A stated return date was on the letter. She did return back at that time. Legal issue: did the company interfere with her right to claim fmla leave? Whether or not she has a serious health condition of more than 3 consecutive days Incapacity to work or perform daily activities Did she give adequate notice Just because someone turned in documentation late, it does not cancel their reason for leave

Where are all the women CEOs? Wall Street Journal.

Women are still being discriminated when trying to get to the CEO positions In order to become a CEO you need to have experience with profit and loss Glass ceiling and invisible walls Pigeon holed to do the same things Keep women in the same jobs they are already good at

Pay Docking Rule

an approach of the DOL to determine whether employees are paid on a salary basis

Establishment Clause

clause that prohibits governmental entities from establishing (sponsoring or supporting) religion

Family and Medical Leave Act (FMLA)

designed to assist families manage family issues by permitting families to take leave without pay

Child Labor Provisions of the FLSA

designed to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health and safety.

Pay Secrecy Policies

discourage employees from sharing information about their pay and sometimes go as far as to require the termination of employees who violate the policies

Sex-Neutral Aspects of Jobs

does not express or imply a preference for some protected class group over another.

Huhmann v. Fed. Express Corp.

huhmann was in training to move to a higher position. During his training he was deployed overseas. Once he returned back he was offered to return back to his training. He passed all his tests and was activated in his new position. Bonus letters went out to employees and there were two options for the pay depending on seniority. He received the lower pay. Should he have received the higher bonus? escalator and reasonable certain test FedEx was bound to pay Huhmann the $17,700. USERRA states that members who have an obligation to perform service in a unified service shall not be denied any benefit of employment. Bonuses are included in benefits. If Huhmann did not leave training to serve he would have successfully completed his training which we can conclude through foresight. FedEx did try to claim that the bonus was based on position. The district court said it was seniority based because it depended in part on Huhmann's being "employed" over the amendable period.

"Sex-Plus" Cases

involve differential requirements based on sex, but the issue is really "protected class-plus."

Americans with Disabilities Amendments Act

is a civil rights law that was originally passed by Congress in 1990 (as the Americans with Disabilities Act-ADA) and protects individuals with disabilities from discrimination in the workplace, as well as school and other settings.

Riser v. QEP Energy

kathy was promoted to another position and received a pay increase. There was complaints coming from the north dakota project about her. She was terminated for unsatisfactory work complaints but she was never made aware of these. She filed for discrimnation under EPA title 7 and ADEA. They hired two men to do the same job just under two positions. Did QEP violate the equal pay act? The plaintiff must establish a prima facie case by (1) she was performing work which was substantially equal to that of the male employees considering the skills, duties, supervision, effort and responsibilities of the jobs; (2) the conditions where the work was performed were basically the same; (3) the male employees were paid more under such circumstances. The defendant then must show the pay disparity was justified based off (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex. To meet this burden, an employer must submit evidence from which a reasonable factfinder could conclude not merely that the employer's proffered reasons could explain the wage disparity, but that the proffered reasons do in fact explain the wage dis-parity.

Narrowly Tailored

law only fits speech its trying to deal with; not overbroad

Minimum Wage

lowest legal wage that can be paid to most workers

Equal Pay Act

made it illegal for employers to pay female workers less than men for the same job

Hardage v. CBS

manager experienced sexual harassment but admitted to being flirty back. The behavior continued from the women. Hardage reported it vaguely to HR. he asked that it not be handled by the company. Later he made another claim and released no details. He didn't want to be handled anonymously, so he left the company. affirmative defense and bicurious liability CBS had a harassment policy that Hardage was familiar with because he was a supervisor. Being a supervisor made him responsible for reporting sexual harassment to HR. CBS did its part in preventing harassment by providing awareness of harassment and policies. Hardage failed to make use of CBS's anti-harassment policies and procedures due to his late complaints and willingness to handle it on his own.

Manifest Imbalance

means representation of females, Blacks, Hispanics, Asian/Pacific Islanders and American Indians/Alaskan natives in specific job groups or EEO job categories within the agency's work force that is substantially below its representation in the appropriate civilian labor force

Compensable Factors

the job elements that are used to determine appropriate compensation for a job

Strict Scrutiny

the most stringent form of judicial review of government actions

Diversity

the state of being diverse; variety.

Elements of a USERRA Failure to Reinstate Claim

•Employer was informed that the employee needed leave to perform military duties. •Employee received an honorable discharge from active military service. •Employee made a timely request to be reinstated. •Employer delayed reinstatement, denied reinstatement or failed to fully reinstate employee.

After #MeToo, those who report harassment still risk retaliation. Wall Street Journal.

⅔ of people who file harassment experience retaliation A lot of people don't come forward and report Sexual harassment laawsuits rarely get any attention Sexual harassment is more about power instead of sex