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Antiquated Damage Caps– How the #MeToo Movement should Impact Change in this Area

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Description: With the #MeToo movement, sexual harassment has rightly been at the forefront of discussion in the media and requirements have been implemented in companies and other organizations to initiate change. Despite the publicity of various cases, the number of lawsuits still remain lower than expected. A fundamental reason to be considered in the webinar is the fact Title VII statutory cap for compensatory and punitive damages fails to adequately deter sexual harassers, to provide the proper incentive to employers to improve their response to sexual harassment complaints, or to make victims whole should they choose to file a lawsuit. The caps in place that impact the amount of damages a plaintiff can recover are stagnant since put into place thirty years ago. The presenter will discuss the legislative history of the damage caps for Title VII as well as other civil rights statutes and the impact of the caps with respect to lawsuits. In addition, the standards for sexual harassment at the federal level, the challenges of the EEO process, and other hurdles for victims filing lawsuits will be discussed in the webinar. The learning objectives are understanding the statutory damages available to Plaintiffs, the legislative history of the caps on damages, the limitations on victims in pursuing lawsuits, and other challenges attorneys litigating sexual harassment lawsuits, even despite the #MeToo movement, confront in litigating cases.
Kathryn Barcroft’s law practice focuses on employment law in the #MeToo era of employment litigation. Ms. Barcroft represents employees and employers in all areas of employment litigation and contract negotiations. She represents plaintiffs in a wide range of employment litigation, including claims of discrimination and retaliation, wrongful termination, harassment, trade secrets, restrictive covenants, and breach of employment contracts. Kathryn regularly represents individual employees in connection with the negotiation and drafting of separation agreements and negotiates favorable settlements in favor of her clients. Her extensive experience has resulted in the settlement of numerous cases through direct negotiation and mediation.   Kathryn has authored various articles for the New York Law Journal including Repeal Title VII Damage Caps in Response to #MeToo, which was published in the New York Law Journal on April 12, 2021. Her other legal commentary and articles, involving various employment issues, include NY Agency Must Face Nurse’s Sex Harassment Suit (Law 360 March 16, 2021), What is Cuomo’s Next Move Amid Investigation? Employment Lawyers Weigh In (Law 360 March 16, 2021), 4 Tips for Crafting an Airtight Parental Leave Policy (Law 360 November 20, 2020),  A Global Pandemic Creates a Call to Action as Non-Compete Agreements in New York Impact the Most Vulnerable (New York Law Journal April 16, 2020), Top General Escapes Sex Assault Suit for Now (Law 360 July 24, 2020), Has the Law Evolved Enough to Combat Pervasive Age Discrimination? (New York Law Journal September 11, 2019).  Hostile Work Environment: Is NYC’s Standard the Path Forward in the Era of #MeToo? (New York Law Journal April 11, 2019), Courts May Be Shifting Outlook on Gender Bias Claims (Law 360 March 21, 2019)  The Office Love Affair moves from Taboo to Heightened Concern for Employers in Me Too Movement (Spotlight News February 13, 2019),   The Impact of New York’s Paid Family Leave Act and other State and Federal Initiatives for Paid Family Leave on Small Businesses and Individual Workers (Law 360 November 2018); New York, New York! Taking the Lead to Combat Sexual Harassment in the Workplace (New York Law Journal October 17, 2018); Where There's Smoke: N.Y. Companies Should Re-Examine Marijuana Policies (New York Law Journal February 28, 2017);  Legal Commentator, Department of Labor's Final Overtime Exemption Law (Law 360 May 18, 2016); Changes are the Way for Employee Overtime Classifications (Inside Counsel May 5, 2016); Legal Commentator, Supreme Court's decision - EEOC v. Abercrombie & Fitch Stores Inc. (Law 360 June 1, 2015); The EEOC Hears Concerns About Social Media and Hiring (New York Law Journal March 9, 2015); Supreme Court Addresses Employer Responsibilities to Pregnant Workers (New York Law Journal and Outside Counsel January 13, 2015); The Revolving Door: An Analysis of Post-Government Employment Restrictions for Foreign Representation (University of Virginia Journal of Law & Politics April 1, 1998). 
She has also appeared as a television commentator on various New York programs including Capital Tonight, Empire State Weekly and local ABC, CBS, NBC outlets, Spectrum News, and Fox News 5 concerning sexual harassment and employment law guidelines, and legal implications concerning abuse scandals involving the church, private schools, and the boy scouts.  She is a member of the New York State Bar Association — Labor and Employment Law Section, Workplace Rights and Responsibilities Committee.  Her prior committee memberships include the New York City Bar Association Committee on Sex and the Law and the New York City Bar Association Committee on Domestic Violence.  She has participated as a speaker at the New York State Bar Association Presidential Summit, the Westchester and Connecticut Association of Corporate Counsel and at college campuses on #MeToo legal issues.  She has also been active in her alma matter UVA Law School in judging Moot Court Oral Arguments.
Ms. Barcroft is a graduate of the University of Virginia School of Law and has nearly two decades of experience in private practice in New York.   She currently practices at the Solomon Law Firm PLLC with offices in New York and Washington, DC.   Previously, she practiced at the law firm of Cohen & Gresser LLP in New York city with a focus on employment litigation.

Practice Areas: Employment Law, Personal Injury & Negligence
Online Media Type: Audio
Production Date: 06/30/2021
Level: Intermediate
Category: Standard
Duration: 0 Hours, 57 Minutes
Online Format: On Demand

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Total Credits: 0.75
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: 06/29/2024
Training Type: Online

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Kathryn Barcroft, Esq - Solomon Law Firm PLLC
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