THE EMPLOYMENT RELATED CLASS ACTIONS IN THE CONTEXT OF #MeToo: A STUDY OF JUDICIAL PRACTICE IN FOREIGN JURISDICTIONS

The spread of the #MeToo movement has contributed to greater public awareness of workplace sexual harassment and has had an impact in other areas as well. The article examines how the #MeToo movement has affected the judiciary, in particular class actions. The author draws attention to the fact that the number of such claims filed by employees against employers is steadily growing. In this regard, they face a serious task: to protect workers from sexual harassment in the workplace. The author explores the trends that have arisen due to the #MeToo movement in foreign jurisdictions and affect the group proceedings, which any employer can be involved. In addition, attention is drawn to changes in legislation in many jurisdictions aimed at strengthening guarantees for the workers protection. Also, the author investigates influence of the media on the public assessment of class actions in the field of labour relations. Using the materials of judicial practice of foreign courts as an example, the author touches upon issues of employers’ obligations to limit the number of sexual violence cases in the labour sphere, analyses the reasons for filing class actions by employees, notes the contradictions and difficulties that arise when such claims are considered by judges. In conclusion, the author makes recommendations for employers who seeking to reduce the negative effect of class actions. Consistent compliance with internal company policies regarding the prevention of sexual harassment in the workplace is essential. Also, employers can protect themselves and their employees by establishing special mechanisms for investigating and resolving complaints.