Has #MeToo Created a New Claim of Male-Bias Discrimination?

Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a mid- or lower-level employee, is not a stellar performer, and involved in a largely he said/she said situation. And terminating the alleged harasser may have the salutary effects of cutting off liability under federal law and limiting damages under New York State and New York City law by showing that the employer took appropriate steps to ensure that the harassment would not recur.