Legal Question in Sexual Harassment in Alabama

Family environment not sexual harassment

I am a manager that strives to create a family environment in the workplace wherein poeple look forward to coming to work because of the positive atmosphere. Salutations are immediate as well as the practices to emulate the One Minute Manager (Ken Blanchard). One step is to let each employee know that you care and attentive to any needs sometimes followed by a hand on the shoulder, tap on the back, personal yet professional approach. I have a staff of over 90, and the majority of which have at least 2 years in tenure with me. Just recently, I have been accused and served civil papers for sexual harassment. I am very distraught at the mere accusation, and upset with the mere thought of the turmoil that may come. My credibility has been questioned and unfortunately, perception is reality... I have no ill will towards my accuser, in fact the employee was a good team member and I hated to see the employee leave... unfortunately in hindsight - was it my fault on being to hospitable and saying hello as our staff comes and goes to work? Where do I start? Unfortunately, my wife says that I am too close to my staff, that I care too much for them... have I set myself up fr failure? Help.


Asked on 12/02/99, 12:32 am

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: Family environment not sexual harassment

It seems like this accusation came out of the blue. Was anything ever said to you or your supervisor? Was a complaint ever filed with the company? Did this employee take any steps at all to make you or the company aware that she felt threatened? There are two definitions of sexual harassment. One is that you asked for sexual contact and either offered job incetives if she said yes, or threatened her job if she said no. The other is where the agressor makes unwanted sexual comments or suggestions that make the work place hostile. It sounds like the second definition is what she is suing you for. If she filed a complaint with the company or complained to your supervisor and nothing was done to remedy the situation, than the company would be liable. If she did not, than you are the only one she can sue. However, if she never complained she doesn't really have a case because she never tried to remedy the situation until she quit. Do you know if she has any witnesses like current or former employees? In your case you need to hire an attorney to defend you even though you are innocent. If you fail to timely file an answer to her complaint they will file a default against you and it will just draw things out and cost you more money for the attorney to get the default over turned. Depending on her witnesses, what documentation she can show, and her explanation for not complaining to the superiors you probably will win the case. I would talk to your boss and see if they would be willing to help with the attorney's fees. Not only will this help you financially, it will show that your company is behind you. I would also recommend that you not talk about the case around the office, anything you say could hurt you in court if one of your employees decides to testify. For now I would also stop any type of encouragement or touching that in any way could be perceived as inappropriate. Good luck.

John Hayes

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Answered on 12/02/99, 9:15 pm


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