TIME TO RECONSIDER THE “SEVERE & PERVASIVE” SEXUAL HARASSMENT STANDARD

If you have ever represented an employee complaining about sexual harassment you know that case law requires a very high degree of proof, i.e., you must prove the improper behavior was “severe and pervasive.” A good article out of a D.C law firm spells out how absurd that is and highlights the need for union reps to challenge that standard when they get into one of these cases.  It may turn out that the law remains as is, but that does not mean we should stop confronting the courts with the unreasonableness of that high bar.