Shifting Presumptions of Credibility in Sexual Harassment Cases in the #MeToo Era May 25, 2018

By Ann-Marie Ahern and Jack Moran

Ask almost any Plaintiff ’s employment lawyer what their favorite kind of case is and they will invariably say age discrimination.  Why?  Everyone gets old and an older employee who loses his or her job after years of faithful service is inherently sympathetic.  The framework for the narrative is simple and relatable.  Sexual harassment cases, by contrast, are almost always complicated. Not legally complicated, but factually complicated, most often turning on motive, intent, honesty, and credibility.  And then add sex.  See, it’s complicated.

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