Chalk PlaysA meaningful analogy can be made between the this year’s eventual Super Bowl winner and a company successfully responding to an allegation of sexual harassment.

Consider for example that according to research (WSJ subscription required) the most defining and critical plays of a professional football game come down to success on first down. More specifically

Sexual harassment.jpgWhat’s a Presidential campaign without sex? Or at least allegations of sexual harassment?

In this regard, Politico reported that Herman Cain, a Republican presidential hopeful, engaged in conduct that resulted in at least two out-of-court settlements with women who complained they were subjected to inappropriate conduct by Mr. Cain. These settlements occurred while Mr.

Stop Sexual Harassment.jpgWhile the criminal charges against Dominique Strauss-Kahn have now been dismissed, his conduct and his employer’s response provides a textbook full of examples of how not to respond to sexual harassment in the workplace.

Sexual Harassment Overview

Under Title VII of the Civil Rights Act, there are two basic forms of actionable sexual harassment: 

Quid pro

Man in Drag.jpgUnder existing law, employers may avoid liability for hostile environment sexual harassment by supervisors under certain circumstances. But a “trailblazing” company may be challenging the status quo with a “too ugly to sexually harass” defense.

Current Hostile Sexual Harassment Defense Law

To avoid liability for sexual harassment for hostile environment harassment by supervisors under Title