This Essay focuses on the skittishness that men express about being accused of sexual harassment. Part II explains the prevalence of sexual harassment and the response to this problem, giving both empirical and anecdotal evidence of male professionals' refusals to spend time with female subordinates. Part III discusses the already-present inequalities in the legal profession, particularly in law firms and raises concerns about how lack of mentoring and sponsorship of women by male supervisors could create an even greater disparity. Part IV analyzes the disparate legal, business, and cultural definitions of sexual harassment, and given the disparities in understandings, raises the question of whether the male supervisor's reaction may be a reasonable one. Part V of this Essay concludes with an outline of potential solutions that would make the law more responsive to reality and would accord society (including lawyers) a better understanding of harassment.
50 Seton Hall L. Rev. 1397 (2020).
McGinley, Ann C., "#MeToo Backlash or Simply Common Sense?: It's Complicated" (2020). Scholarly Works. 1310.