Employers are taking more concrete steps to address any #MeToo concerns within their own workplaces, according to The Littler Annual Employer Survey. Littler also found increased employer action around new federal and state regulations, as well as increased preparation for the impact of AI, automation and robotics on their organizations.

“Employers are more preoccupied than ever with preventing harassment and pay inequality in the second year of the #MeToo movement,” the authors write.

Littler polled 1,331 in-house counsel, human resources professionals and C-suite executives and found that many are doing more things across the board regarding these issues, compared to last year's survey.

To minimize sexual harassment, 63 percent are providing additional training to supervisors or employees, up from 55 percent in 2018; updating HR policies or handbooks (51 percent in 2019, up from 38 percent in 2018) and more proactively addressing complaints and potential misconduct (37 percent in 2019, up from 29 percent in 2018).

In addition, most employers are taking action to address gender pay equity, with 48 percent auditing salary data and pay practices and 24 percent revising hiring practices.

“Finally, severance and arbitration agreements have received greater attention as the #MeToo movement increases calls for transparency in how companies resolve sexual harassment claims,” the authors write. “This trend aligns with the finding…that 15 percent of respondents are re-examining severance and/or settlement agreements involving harassment claims in the wake of #MeToo.”

Other key survey findings include:

Prior to the release of DOL's new proposed rule to revise the “white collar” overtime exemption regulations, 42 percent of respondents had already instituted changes, while 40 percent are reviewing job descriptions to verify the classification of current employees and 36 percent are auditing compensation to identify those employees likely to be impacted.
Respondents over the next year expect an increase in EEOC workplace discrimination claims, particularly in harassment claims (61 percent), retaliation against employees who file discrimination or harassment claims (49 percent) and equal pay (47 percent).
A majority (63 percent) say their companies are taking steps to address unconscious bias, “the 'mental shortcuts' that influence decision making in hiring, promotions and other areas.” More than a third (38 percent) have conducted training, and 26 percent have developed plans to improve diversity and inclusion.
Respondents are starting to use AI or analytical tools in recruiting and hiring, with screening resumes or applications the most commonly cited method by 25 percent of respondents.

“However, the 63 percent who are not currently using AI-based tools suggests that there is far more potential for employers to leverage AI to support workforce management decisions,” the authors write.

Most employers are also taking some steps to prepare for the impact of robotics, AI and automation on the workplace—including identifying tasks that can be automated (37 percent) and hiring talent skilled in emerging technologies (22 percent)—“but there is work to be done, as 46 percent have not taken any action in this area,” they write.

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Employers focus on tackling sexual harassment, AI and automation

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