The 15th Annual Jack Pemberton Lecture on Workplace Justice

Thursday, March 21 6 – 8:30 p.m.

Off-Campus Event - US Court of Appeals for the Ninth Circuit

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This event is located at the United States Court of Appeals for the Ninth Circuit, 95 Seventh Street, San Francisco.

Employer Incentives Post #MeToo: Winners, Losers, and the Quest for Best Practices

Featuring Professor Rachel Arnow-Richman, University of Denver Sturm College of Law

Registration: 6–6:30 p.m.  
Program: 6:30–7:30 p.m.  
Reception: 7:30–8:30 p.m.

MCLE: This activity has been approved for 1.0 Minimum Continuing Legal Education credit by the State Bar of California. The USF School of Law is an approved provider of MCLE and certifies that this activity conforms to the standards prescribed by the rules and regulations of the State Bar of California.

Required for courthouse security: You must bring a photo ID to the event and RSVP by Monday, March 18, 2019 to

Professor Rachel Arnow-Richman

The #MeToo movement has been a powerful force in encouraging employers to take sexual harassment seriously. However, their responses are not always well tailored to the underlying allegations. A combination of background law and market realities incline employers to tolerate sexual harassment and other misconduct by top dog employees, while aggressively policing “inappropriate” behavior by the rank-and-file. The risk is that serial, high-level harassment will continue even as employers pursue zero tolerance policies across the rest of their workforce. For the calculus to change, employers must abandon contracting practices that protect high-level employees and adopt proportionate discipline protocols for dealing with ordinary workers accused of harassment.

Rachel Arnow-Richman is a Professor of Law at the University of Denver Sturm College of Law where she directs the Workplace Law Program. Prof. Arnow-Richman teaches and publishes in the areas of contracts, employment law and employment discrimination. She is co-author of two textbooks on Employment Law and has written numerous articles on topics including employment at will, covenants-not-to-compete, gender discrimination, and work family/conflict. Prof. Arnow-Richman is a frequent media contributor on topics related to wrongful termination and equal employment opportunity, including sexual harassment. She is a founder and co-chair of UNLEASH Equality, a nation-wide collaboration of law professors committed to advancing public education in sexual harassment and gender inequality in the wake of #MeToo. Prof. Arnow-Richman currently serves on the Executive Committee of the American Association of Law Schools’ Contracts & Commercial Law Section and is a past Chair of the Committee on Labor & Employment Law. Prior to entering law teaching, she practiced employment law and commercial litigation at Drinker, Biddle & Reath in Philadelphia and clerked for the New Jersey Supreme Court.