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22 Franchise Law. 1 (2019)

handle is hein.aba/frnchl0022 and id is 1 raw text is: Am e rican B ar As s o cia tio n #MeToo at the Forum The Women's Caucus Steering Committee n the wake of many high-profile scandals rocking the news cycle in the last year, organizations and industries across the globe have begun to take a closer look at their role and their responsibilities in combating sexual harassment in the workplace. The Forum is no exception. Eager to hear from the Forum's many members about the impact of the #MeToo movement, the Women's Caucus Steering Committee dedicated the entirety of its annual event at the ABA Forum on Franchising to this single topic. After all, the #MeToo movement raises a host of legal and practical issues for law firms, franchisors, and franchisees, and we hoped for a robust discussion surrounding the best practices and pitfalls our members have observed. What we got was a candid look at the reality of the female membership of the Forum. The topic merits further discussion and-even more- action. Because of this, the Committee drafted this summary of the luncheon and our top takeaways. The Women's Caucus luncheon at the annual meeting of the Forum in Nashville was attended by almost 200 people, all of whom were women, although all were welcome. The women at each table participated in small group discussions, facilitated by a list of possible topics prepared in advance by the Women's Caucus Steering Committee. For example, the list contained questions about how firms and businesses have handled #MeToo allegations and reporting internally, what policies or training have been effective at prevention, best practices for advising a client who calls with a question about harassment, * Fo r u m and how to prepare for the possibility of backlash. Finally, volunteers shared takeaways from their discussions with the group. Below we share some of those insights. 1. How to be a Better Bystander At the crux of the #MeToo movement is the understanding, now clearer than ever, that sexual harassment is incredibly widespread. As such, preventing sexual harassment is not only the responsibility of employers and organizations, but also of individuals. Each of us must be willing to speak out when we see behaviors that threaten, harass, or o n Fr an chisin g are otherwise inappropriate. Although confronting a harasser is often the first instinct, it may not always be a safe or practical approach. Fortunately, simply disrupting or interrupting a difficult situation can have a meaningful impact. Bystanders should also report harassing or threatening behavior to the proper HR authority. Witness accounts are critical to investigating harassment claims. Moreover, repeated behavior will only be revealed when each incident is reported. The following article was handed out to provide a resource for being a better bystander: For an electronic version of this issue and past issues go to www.americanbar.org/publications/franchise_lawyerhome.htm

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