In early Fall 2017, the #MeToo campaign exploded into a movement across social media demonstrating the prevalence of sexual assault and harassment in the workplace. Countless public revelations of sexual misconduct allegations against Hollywood producer Harvey Weinstein and other well-known powerful men ignited the movement, exposing the coverup and tolerance of sexual harassment, and even assault, in some workplaces as a longstanding cultural norm that must be addressed and changed.
In the present social, political, and legal climate, the phrase “me too” has more powerful cultural and personal resonance than ever before. While the phrase holds cultural significance in today’s society, it has long held legal significance in the litigation of discrimination and harassment claims. “Me too” evidence is often used in civil litigation to show that others have experienced the same actions and claims as those alleged by a plaintiff. Finding such evidence, establishing its admissibility, and using it effectively confounds both plaintiff and defendant employment lawyers. But it can be an effective litigation tool—for either party.