<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by aklady:
is it possible to sue someone for sexual harassment if no proof or witnesses?
If a person is terminated and seeks revenge ..all that person has to do is make the accusation and alledged harasser is guilty.
How can a person defend themselves if accusers are allowed to just say it is so and no proof.<HR></BLOCKQUOTE>
My response:
A lot of people "use" the system for their own agendas. Rightly or wrongly, there are stop-gap measures in place to ferret out those issues which do, or don't, merit court time. For example, in your scenario, a complainant must exhaust their "administrative remedies" before a lawsuit can be filed. The EEOC or the Fair Employment and Housing Administration (for California) requires a complaint to be written to them first. After an investigation, if that agency determines there is merit to the complaint, then and only then, does that agency issue a "right to sue" letter to the complainant. If the agency does not issue such letter, the complainant may appeal that decision, but usually drops the matter somewhere along the line. If a complainant does, in fact, get the opportunity to sue, and is found later to have sued with mal-intent, the law provides for "malicious prosecution" and/or "abuse of process." Some people do, in fact, use the law as a bludgeon, but sometimes they also find out for themselves that the table has been turned, and they, themselves are on the losing side.
I hope this helps.
IAAL
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