California Western School of Law Professor Jessica Fink Appears on Podcast Discussing Her Article “Backdating #MeToo”

SAN DIEGO (March 7, 2024) —  California Western School of Law Professor of Law Jessica Fink recently appeared on Pod Curiam, the Cardozo Law Review’s podcast, discussing her article “Backdating #MeToo,” which was published in the Review this year. In this highly engaging conversation, Professor Fink discusses her research into the courts’ application of Title VII of the Civil Rights Act in a “post-#MeToo world.”

In the episode, Professor Fink explains that the legal application of Title VII, which protects employees from discrimination on the basis of sex, often is based on questions of “reasonableness.” In her article, Professor Fink focused primarily on whether and how courts would “backdate” contemporary standards of behavior in the workplace to cases of sexual harassment that were brought before 2017, when the resurgence of the #MeToo movement created a new awareness of what should (or should not) be deemed reasonable at work.

Professor Fink found that, surprisingly, courts had remained largely silent regarding these changing standards. On the podcast, Professor Fink discusses both the potential benefits and drawbacks of backdating these standards for evaluating sexual harassment, noting that she hopes her article will inspire her readers to think deeply about how best to address workplace harassment as standards for what constitutes reasonable workplace behavior continue to evolve.

You can access Professor Fink’s article here and listen to the podcast here.