24 MARCH 2019 • FOGHORN LEGAL T he recent string of high-profile cases of sexual mis- conduct, and the associated #MeToo movement, have shined a light on the harassment faced by many women both in and out of the workplace. The passenger vessel industry would be well advised to understand the issue and legal con- siderations regarding this national sensitivity and trend. A recent decision by a federal appellate court suggests that the wider under- standing of the reality of harassment triggered by #MeToo may also be causing a change in the law – making it easier to state a claim than under standards that have existed since the lead Supreme Court case in 1998 - Faragher v. City of Boca Raton. In Faragher, the Supreme Court set out a standard holding an employer strictly liable for instances of sexual harassment by a su- pervisor, but left open a window, by way of an affirmative defense, t h r o u g h w h i c h a n employer could avoid liability where the harassed employee suffered no tangible adverse employment action. In order The Impact of #MeToo is Deeper Than You May Think By Steven E. Bers, Whiteford, Taylor, Preston, LLC For vessel owners, the message is clear that possible employer defenses to claims of harassment workplace harassment may be contracting and that employees may sue for harassment, even if they failed to utilize an employer’s reporting policy.