Apalla U. Chopra

According to Chopra, her work with universities on Title IX issues has allowed her to draw parallels between those issues and those affecting employers now under the lens of the #MeToo movement.

“In the same way as Title IX became a focus of colleges at the very top of the pyramid, and as a result better responses were put into place, I think you’re seeing something similar with the #MeToo movement and companies. Boards are getting involved,” she said. Two of Chopra’s university clients are fighting different forms of allegations connected to the investigation of sexual assault: Harvard University and Claremont McKenna College.

Chopra added that foundational practices in harassment investigation such as arbitration and confidentiality are being questioned in the modern climate. She pointed out that when such movements first start, they often swing too far away from due process, but find their way back to an improved middle ground.

“You’ve already started to see that, I think. At some point I think that we are going to get it right and it will not be easy, but we will be able to bring this back to the middle and come up with policies and processes that are better suited to address the concerns that are being raised,” she said. Chopra both advises clients on preventative measures for lawsuits and litigates, which she says is an interesting factor of her practice because she sees issues from both angles. When it comes to safeguarding themselves, Chopra stresses culture and environment with employers.

“What I think is very important is for employers to have policies and processes in place which will ensure a workplace culture in which employees feel safe in raising concerns and understand that the employer wants to hear their concerns,” she said.

“To get it right you’ve got to have a workplace in which people feel confident in coming forward, and it’s incumbent on employers how to create this culture.” She added that implicit biases and core values of individuals plays a role that often gets forgotten as well when it comes to education on harassment.

“Everyone comes with their own lens, how their parents raised them, and those values might not line up with a workplace or school’s values,” she said. “All of us look at the world through the lens that we’ve been given and it’s important we understand that so we can make decisions in a more thoughtful way.”

She said that the wrong way to go about the solution is legislating to exceptions; installing policy based on the worst cases rather than nurturing a culture that fixes everyday issues.

“We’ve gotten it wrong when an employee feels more comfortable going to the press than to their employer. What is unfair is an allegation that is made without process and conclusions are drawn. If you don’t have process for the bad guys, when the good guys are put on the carpet there won’t be a process for us either,” she said.

— Andy Serbe