What do Hollywood, Corporate America and Congress Have in Common?

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Presentation transcript:

What do Hollywood, Corporate America and Congress Have in Common? Sheryl J. Willert, Williams Kastner Jerry L. Rubin, Williams Kastner Marilyn Sherron, AT&T

The Era of Time’s Up and the #MeToo Movement

Time’s Up Movement Increased awareness of the prevalence of harassment in the workplace Effectuating change Empowering people to speak up Unintended consequences

Harvey Weinstein Bill Cosby Roger Ailes Bill O’Reilly Mark Halperin Michael Douglas L.A. Reid Andrea Ramsey Casey Affleck R. Kelly Steven Seagal Anthony Weiner George Takei Charlie Rose Kevin Spacey Andy Dick Aziz Ansari Louis C.K. Jeffrey Tambor

Who’s Next? Harvey Weinstein Bill Cosby Roger Ailes Bill O’Reilly Mark Halperin Michael Douglas L.A. Reid Andrea Ramsey Casey Affleck R. Kelly Who’s Next? Steven Seagal Anthony Weiner George Takei Charlie Rose Kevin Spacey Andy Dick Aziz Ansari Louis C.K. Jeffrey Tambor

Let’s Get Back to Basics Clear and reasonable policies Don’t assume that people understand what it is Effective Training Thorough Investigations Choose the right investigator Evaluate credibility Appropriate Responsive Actions Punishment must fit the crime and be effective Consistency in response

New NBC Rules Report any inappropriate relationships in the workplace. Failure to do so could result in termination If you wish to hug a colleague, you have to do a quick hug, then an immediate release, and step away to avoid body contact Do not share taxis home Avoid taking vegans to steakhouses

Financial Impact – Tax Code Revised Section 162(q) of the Internal Revenue Code provides: “No such deduction shall be allowed under this chapter for—(1) any settlement or payment related to sexual harassment or sexual abuse if such settlement or payment is subject to a nondisclosure agreement, or (2) attorney’s fees related to such a settlement payment.” Employers no longer receive a business deduction for settlement or attorneys fees payment, if: Employee had to sign a nondisclosure agreement as a condition of settlement, or The settlement agreement contains a confidentiality provision Effective Date of Change: December 22, 2017

Questions?