Hartford Business Journal

8 Hartford Business Journal • January 8, 2018 • www.HartfordBusiness.com FOCUS: Professional Services By Patricia Daddona pdaddona@HartfordBusiness.com T raining to prevent sexual harass- ment in the workplace often takes a back seat to other priorities, employment lawyers say, but the explosion of harassment claims against ce- lebrities, politicians and others has led many companies to take it off the back burner. In fact, Connecticut employment law- yers say they have experienced a spike in calls recently from companies concerned about how to refresh sexual harassment policies and training as well as how to handle pending cases. "Updating [a client's sexual harassment] policy, doing the training, updating the employee handbook are always on the to- do list," said Stuart Katz, an employment lawyer and chairman of the litigation group at Bridgeport law firm Cohen & Wolf. "In the past few months, employers have been pushing that to the front burner." Sexual harassment takes many forms and there are often shades of grey associated with it. From unwanted physical contact to the sharing of lewd photos or video content and even outright sexual assault, the unwelcome advances can have serious repercussions for both the victim and employer, including public exposure, reputational damage and financial costs. Victims can also face retaliation while workplace productivity and morale can be undercut. With the public images of all parties at stake, the onslaught of accountability and public censure of celebrities, politi- cos and others has taken on a life of its own since October — some 26 years after Anita Hill testified in 1991 to her harass- ment experience with then Supreme Court Justice nominee Clarence Thomas. (Hill is now heading an entertainment commission to combat sexual harassment.) From film mogul Harvey Weinstein and journalists Matt Lauer and Charlie Rose to political figures like Roy Moore, the failed GOP Senate nominee in Alabama, public- ity and punishment have come swiftly and seem to be sucking more businesses into the undercurrent every day. Time magazine's re- cent naming of the #MeToo movement as its "Person of the Year" has also brought more attention to the issue. One of the most high-profile claims of sexual harass- ment in a Con- necticut workplace has involved Bristol sports broadcast gi- ant ESPN, which was recently described in a Boston Globe story as having a "locker room" company culture. ESPN was also named in a Connecticut Commission on Human Rights and Op- portunities (CHRO) complaint filed by a former anchor who said she was sexually harassed while working at the company, the Globe reported. Several local political leaders, including former Bristol Mayor Ken Cockayne and Hartford City Council President Thomas "TJ" Clarke II have also been named in sexual harassment complaints. But for non-celebrity victims and their employers, the implications are just as dangerous and costly, so prevention is becoming a greater focus for many compa- nies, lawyers say. "It's been the topic of conversation," said Dan Schwartz, an employment lawyer at Hartford law firm Shipman & Goodwin, who has his own blog where he's been tackling the issue. "It is at a level we haven't seen in at least 10 to 15 years. There's always been a steady stream [of inquiries] but we're getting more calls from clients. It doesn't mean we're seeing more legal cases being filed. Lawsuits are a trailing indica- tor here." In fact, the num- ber of sexual harass- ment complaints filed with the CHRO, which handles discrimination and other workplace complaints, is down from a high of 271 in 2001 to about 145 in 2017. "There's defi- nitely more people who get discriminated against who never [file a complaint]," said Michelle Dumas Keuler, CHRO's human rights attorney. "If you are afraid to report because of fear of what would happen at your job, you should know that retaliation is its own protected class. So there are pro- tections built in because there is acknowl- edgement that retaliation can occur when people report discrimination." Training tips Types of guidance sought by employ- Avoiding Liability Amid growing scandals, employment lawyers say more companies putting sexual harassment training on 'front burner' Stuart Katz, Employment Lawyer and Chairman of the litigation group, Cohen & Wolf Tanya A. Bovee, Office Managing Principal, Jackson Lewis Kevin Greene, Attorney, Halloran and Sage Dan Schwartz, a partner at Hartford law firm Shipman & Goodwin, gets animated as he talks to employment law colleagues about corporate clients' recent interest in training for sexual harassment prevention. HBJ PHOTO | STEVE LASCHEVER

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