Retaliation in workplace sexual assault: The effect of #MeToo on federal court cases in the United States

Abstract

The number of federal claims filed with the Equal Employment Opportunity Commission (EEOC) in the United States by alleged victims of workplace sexual assault increased following the #MeToo movement along with allegations of retaliation by employers against these victims for making formal claims of sexual discrimination. This study distinctively presents an examination, not of the number of EEOC claims, but instead those claims which became federal court cases over the last three years in which a claims of workplace retaliation were alleged because of sexual assault in the workplace. The study provides an empirical examination of numerous characteristics, related factors, and outcomes of such retaliation cases involving sexual assault in the contemporary #MeToo era. The implications of these diverse results are advanced along with recommendations for employers and employees alike.