Metoo: Exploring Dispute Resolution Angles
Saturday, April 13 Programs 1023 - #MeToo: Exploring Dispute Resolution Angles #MeToo, Time’s Up, and Theories of Justice 2 A New #MeToo Result: Prohibiting Consent with Executives 56 Mandatory Arbitration Stymies Progress Towards Justice in Employment Law: 71 Where To, #MeToo? The Legal Implications of the MeToo Movement 127 1026 - Community Conversation: A Reflective Look at Mediation Teaching and Practice Using Evaluations in Mediation 198 #METOO, TIME’S UP, AND THEORIES OF JUSTICE Lesley Wexler,∗ Jennifer Robbennolt,∗∗ & Colleen Murphy∗∗∗ ABSTRACT Allegations against movie-mogul Harvey Weinstein and the ensuing #MeToo movement opened the floodgates to a modern day reckoning with sex discrimination in the workplace. High level and high profile individuals across industries have been fired, suspended, and resigned. At the same time, serious concerns have been raised about useful processes for non-privileged women, due process for those accused of misconduct, and the need for proportionate consequences. And there have been calls for both restorative and transitional justice in addressing this problem. But these calls have not been explicit about what sort of restoration or transformation is envisioned. This article explores the meaning, utility, and complexities of restorative and transitional justice for dealing with sexual misconduct in the workplace. We begin by documenting the restorative origins of #MeToo as well as exploring steps taken, most prominently by Time’s Up, to amplify and credit survivors’ voices, seek accountability, change workplace practices, and encourage access to the legal system. We then take up the call for restorative justice by exploring its key components—including acknowledgement, responsibility-taking, harm repair, non-repetition, and reintegration—with an eye toward how these components might apply in the context of addressing sexual harassment in the workplace.
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