07:04, November 26 50 0 abajournal.com

2018-11-26 07:04:12
Good Conduct: Confronting confusion in the wake of #MeToo

In the wake of the #MeToo movement, many have said that they no longer know how to behave in a work environment–but employment law expert Gerald Pauling doesn’t buy that.

The Seyfarth Shaw partner tells the ABA Journal’s Stephanie Francis Ward that in his experience providing training to supervisors, managers and rank-and-file workers, “I almost never encounter situations where trainees or participants in training are unable to identify the lines between appropriate and inappropriate behavior. Literally almost never.”

So what should law firms and lawyers be keeping in mind in an era of greater accountability? In this episode of the ABA Journal’s Asked and Answered podcast, Pauling discusses the importance of context and non-verbal cues, and how firms can protect themselves from liability and their employees from experiencing harassment.

“In the lawsuit, your intent doesn’t matter,” Pauling tells Ward. “In the lawsuit, your conduct matters, and how it was received and perceived matters, not what you intended.”