What happens if an employee is falsely accused of sexual harassment?

This is why they play safe and opt to terminate the accused employee instead. However, if the real reason is covered up and gets discovered as unlawful, the false harassment claim can lead to employer liability. Understand that employers can’t take any corrective action against you until you are proven guilty.

Can a wrongfully accused employee take the employer to court?

However, the employer runs the risk that, if the accusation was true, the victim of the harassment can take it to court. Thus, employers often take no chances. They opt for firing the accused, who has limited rights under federal and state laws to challenge their termination. Do the Wrongfully Accused have Any Rights? Not directly.

Can a company terminate an employee for sexual harassment?

If the accused is an employee at-will, his or her employer is free to terminate him or her for no reason or even a bad reason, so long as it is not a reason prohibited by law. Discharging an employee based on an accusation of sexual harassment is not unlawful, even if the accusation is not correct.

Why does an employer have to investigate a harassment complaint?

The employer has an obligation to investigate harassment claims and make the best conclusions that it can about who is telling the truth. Unless the accused admits the harassment or the complainant confesses that the complaint was false, the employer almost always has to choose between two or more competing versions of the truth.

What happens to people accused of sexual harassment at work?

What also makes this predicament terrifying is that the person facing possible false sexual harassment claims may be judged as guilty by their peers and co-workers even before any legal proceedings start. What Happens to People Accused of Sexual Harassment at Work?

Is it against the law to harass an employee?

But doing so can be a really bad move! Most employers are somewhat familiar with statutes such as Title VII of the Civil Rights Act of 1964 that prohibit discrimination and harassment against employees on the basis of characteristics such as race, sex, nationality, and ethnicity.

What should you do if someone accuses you of harassment?

First, do not discriminate against the accused based on his or her protected class status. An accusation of harassment is not a license for unlawful discrimination. Second, conduct a thorough investigation.

Is it unlawful to discharge an employee based on an accusation?

Discharging an employee based on an accusation of sexual harassment is not unlawful, even if the accusation is not correct. Thus, the safe path for the employer is to credit the accuser and not the accused.

Can a employee make a false accusation against another employee?

Employees Making False Accusations The act of making a false accusation against another employee or employer is itself defamation. So, while many statements can be wounding, making sure you have credible evidence before making an accusation is essential.

What to do if you have been accused of harassment at work?

If you have, you know that the accusation is immediately followed by feelings of anxiety, fear, and often anger. Your reputation and career are on the line, so it’s very important that you don’t react rashly to these accusations.

Can a office argument turn into a harassment claim?

Office arguments can turn into a harassment claim as an act of revenge. Have you ever been falsely accused of improper conduct in your workplace? If you have, you know that the accusation is immediately followed by feelings of anxiety, fear, and often anger.

Can a employer discipline an employee for a false complaint?

Employers can credit the story told by the accused and can even discipline the complainant for a false complaint. However, the employer runs the risk that, if the accusation was true, the victim of the harassment can take the employer to court.