#MeToo and the Litigation Funnel

Abstract

This Article synthesizes two decades of research on the progression of sexual harassment claims through the legal system and adds a new, original, empirical study on the resolution of sexual harassment lawsuits filed in federal district court. It examines the prevalence of sexual harassment in the workplace, the Equal Employment Opportunity Commission's charge resolutions, the litigation process, and the incidence of recovery for plaintiffs. In doing so, the Article engages with the goals and effects of the #MeToo movement, asking how well the courts serve the movement's aims of ending sexual harassment, misconduct, and abuse and dismantling the underlying structures of inequality and hierarchy.

Keywords: employment law, empirical legal studies, EEOC, sexual harassment, metoo, civil litigation, FEPA

JEL Classification: J78, K31, K19, K41, K42, K49