The workplace isn’t filled with angels, and sometimes the devils sexually harass other employees and sometimes they make false accusations. The reasons can range from a genuine misunderstanding to a well thought out lie in the attempt to undermine or destroy someone else’s career.
If you are falsely accused of sexually harassing someone, you need to know what to do. Here are a few tips for getting through this nightmare.
To read the article, click here: What You Need to Do if You Are Falsely Accused of Sexual Harassment
9 thoughts on “Defending Yourself Against False Sexual Harassment Charges”
I am a retired attorney and member of the judiciary who has dealt with EEO cases — including sexual harassment ones — for the past 15 years. I have some serious problems — from a legal perspective — with some of this advice. I would recommend that anyone in management or HR confronting these issues avail themselves of legal counsel. It is routine — and highly recommended — for organizations to separate the involved employees following a sexual harassment allegation, regardless of whether the allegation ends up being substantiated. This is normally done by moving the accused outside the work unit; moving the accuser can lead to a charge of retaliation. Unless the allegation involved sexual assault, fondling or indecent exposure, the accused should not be suspended pending investigation if there is any way to avoid it. I would never recommend firing or admonishing the accuser — unless there was clear proof that the allegation was false — because that could also be considered retaliation. If it’s a “he said/she said” situation — in which the allegation simply cannot be substantiated, that’s what you should tell the accuser, then deal with what should happen going forward, such as separating the employees, etc. An employee doesn’t have to prove that their initial EEO claim was valid in order to establish that being punished for making it was retaliation. If I were representing the accused, I would caution him/her against volunteering information — including admissions or confessions — prior to consulting with legal counsel, and, then, to tell the truth, but not to volunteer any information. Depending on the accused’s position, the organization — or its insurance carrier — and not the accused, might be paying for the accused’s lawyer. Most sexual harassment does not get reported to management, so the danger of someone being falsely accused of same is very small. A much greater danger is that harassment may be occurring and going unreported — and, hence — not promptly investigated and remedied.
There is no such thing as a false sexual harassment claim. HR will always side with the female and terminate or suspend the male as if it actually happened just to keep the peace. It’s part of the culture of gynocentricity our country has developed from the screaming bra burners of the 60s.
You are either a troll or somebody wholly clueless about their own behavior and the consequences of it.
Excellent advice, but one item not covered–what if the person accused has gotten several allegations of sexual harassment over the years. Are not these kept on file in the employee’s file or does HR “circular” file them. A one time occurrence is one thing but multiple are not, and I would be highly suspicious of a company that tolerates letting employee not be penalized when this same problem occurs.
Most intelligent people realize that where there is smoke there may well be fire and multiple accusations of the same thing will be a fact evaluated along with all the other facts that come forward in an investigation. It doesn’t prove something happened (I am sure there is somebody out there who has been the victim of mob accusations for some reason) but multiple unrelated similar incidents would certainly weigh into how you assign credibility to the accuser’s.
I work for a state university. Looking a porn on my work computer would be a firing offense even if it was at night or on the weekend.
It would be a firing offense for Federal employee too.
I don’t know. I was in the military but that was before the Internet. Other than the military, I have no federal experience at all. However, I would bet money the answer is yes.
Hi I am working with a indian company in india. Recently i am working in accounts payable team . some lady accused me for sexual harisment to purpose to her & she is comfort me in party and telling about i pulled her hand . same team mates are dancing with us they are telling their is no issue on because she enjoing in party about dance. After she came in office she compained about me.
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