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While the years 2017 and 2018 will be remembered for numerous geo political and social movements, any retrospective of this time will include the issue of sexual harassment and the corresponding “Me Too” movement. In this time, sexual harassment has transformed from a workplace legal concept to an issue that is defining the fabric of the country. While no one could persuasively argue that sexual harassment has not expanded from its legal roots to a movement that transcends the law, the fact is that the concept is rooted and adjudicated in law. Sadly, the commentators and the popular press often ignore or misstate the law. This creates a dangerous culture where the public is misinformed of their rights and responsibilities. More troubling, is the fact that there are serious problems with the law that need to be understand and, we contend, changed, in order for the entire problem to be eliminated, or, at least, mitigated. This paper explains the law with regard to what constitutes sexual harassment and when the employer is liable, identifies the problems, and proposes a fix so that we can create a future workplace where the authors’ five daughters (between them) and the rest of their generation will be able to honestly not raise their hands and not have to say: “Me Too!”

We Can Thank Harvey Weinstein for Doing What Congress and the Supreme Court Failed to Do