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False sexual harassment charge filed

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concernedwife

Junior Member
What is the name of your state (only U.S. law)? MI
My husband recently began a new job where he works with troubled youth. He has been extremely successful at his job in only 1 month. He quickly realized in meetings and statements made to him ("maybe your culture doesn't like hearing directions from women") that he was butting heads with a counselor who works in the same location with the same kids. I believe she feels very threatened by him. Last week, she filed a sexual harassment charge against him for a day he was there during a meeting, and did not see her at the home where they work. She was angry at him for not letting her know of an incident that he skillfully handled (without her help) the night before. She claimed that 2 weeks earlier, he made a comment about her chest. He was interviewed by h.r. and they said they don't believe either side, but were either demoting him or moving him to another job off campus. What recourse does my husband have... if any? Coincidentally, he is the 5th person in this position in 2 years. She has made sure most of them were fired or quit. Thank you for any advice.
 


quincy

Senior Member
Your husband may not have any recourse, legal or otherwise.

A complaint of sexual harassment made to an employer by an employee is considered privileged and cannot be used as the basis for a defamation action, unless there is proof that the complaint was made with actual malice (a knowledge that what was reported was false or with a reckless disregard for the truth or falsity of what was reported). Actual malice is extremely difficult to prove, as it goes to the intent behind the statements that were made.

The demotion or change in placement of your husband in his workplace can be made at the discretion of his employer. With no proof of sexual harassment, but with no proof that there was not sexual harassment, your husband's employer is taking an action that they feel best protects all involved.
 
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concernedwife

Junior Member
Thank you for your advice

I really appreciate your response, Quincy. I was hoping you would read and respond, as you are obviously extremely knowledgable and thorough. Thanks again. It is sad to me that people have the right to make false claims to get their way, with no repercussions for their statements.
 

quincy

Senior Member
I agree that it is sad that false claims can be made and that the complainant can often get away with it. Unfortunately, that is reality. Not all wrongs can be righted.

And thank you for the nice words, concernedwife. :)
 

cbg

I'm a Northern Girl
Something to keep in mind is that sexual harassment is in the eye of the beholder. I've done sexual harassment investigations in which the final determination was that YES, sexual harassment occurred, and in which the perpertrator honestly did not intend to sexually harass someone. I have also conducted investigations in which the final determination was that NO, sexual harassment did not occur, and in which the accuser honestly believed that it had. Unfortunately, not everyone fully understands what can be considered sexual harassment, and this can work to the detriment of both parties.

It is possible that the woman honestly believed that your husband was harassing her. It is also possible (and this is not an accusation, just pointing out a possibility) that your husband engaged in an action that he did not intend as harassment but that was. Since you were not there, you cannot know exactly what was or was not said.

Is she oversensitive? Possibly. Is she deliberately engaging in false reports? Not necessarily. Reports that an employee believes is harassment and that is found not to be, is still protected. The idea is that we do not want to penalize people for making reports that they honestly believe are true; that's why the laws were put into place in the first place.
 

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