OIG Attorney Investigator Alisha Meyer takes a look at workplace harassment claims through the lens of the Blake Lively-Justin Baldoni case. More than just entertainment news, the case serves as a good example of how harassment claims can play out in the workplace. In this case, while the underlying harassment claims were dismissed, the retaliation claims survived.

So what should employers take from this?

• Retaliation claims have a lower evidentiary bar than harassment claims.
• The post-complaint period is when an employer’s liability risk is highest.
• Retaliation doesn’t have to look like a termination.
• Independent contractors aren’t outside an employer’s duty of care.
• Having a harassment policy and conducting training isn’t enough.

To read the full article on the Bloomberg site, visit “Blake Lively-Justin Baldoni Case Is an Employer Cautionary Tale.”