Under state and federal law, sexual harassment — defined as unwelcome sexual advances toward another person— is prohibited in the workplace. In some states, you also my be accused of sexual harassment in other situations, such as schools or doctor's offices, where you are in a position of authority over the accuser. Regardless of the context, if you are sued for sexual harassment you must respond to the lawsuit quickly to preserve your right to defend yourself. This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Categories: Anti Discrimination Law.
7 Key Defenses for Sexual Harassment Cases
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Sexual harassment can cause a real problem at work. Sexual harassment comes not only in the form of quid pro quo If you sleep with me, you'll get the promotion , but in the form of inappropriate jokes, pornography on office computers, and touching someone who doesn't want to be touched, in a sexual or suggestive way. When an employee reports a claim of sexual harassment , the company is obligated to investigate. Normally that responsibility falls on the shoulders of the Human Resources department, but the investigation can be handled by an outside person, frequently an attorney, if the company doesn't have a dedicated HR department or person. Some companies will choose to bring in a consultant or an attorney, in any case, to investigate such a claim because of concerns about impartiality. This is also fairly standard if the accused is a senior manager because of the difficulty internal managers will have in doing a solid investigation. Depending on the seriousness of the accusation, a company may suspend the accused person from work until the investigation is complete.
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Catch 22: To Defend Corporate Sexual Harassers, or Not?
Join us on Facebook Follow us on Twitter. Receive UWN's free weekly e-newsletters. Copyright University World News. The complainant, who is married to a lawyer working in the faculty, has accused the professor of offering to use his influence to secure her a job in the ministry of finance in return for sexual favours. In a 3 September video clip the complainant says: "The professor was harassing all the female students through touch and whispering and also massaging the shoulder of each girl … but they preferred to remain silent in exchange for the certificate.
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The point of MeToo, the movement that originated on social media and has brought down dozens of powerful men accused of everything from workplace harassment to rape, started as a sort of cultural workaround to a failing in the legal system — a way to call out men who had committed sexual misdeeds but who might never be prosecuted. But what about the men who are prosecuted? Municipal Court Judge Lydia Y. Kirkland held Goldstein, of Wrightstown, Bucks County, for trial on charges of attempted rape, indecent assault, and simple assault.