Legal Question in Sexual Harassment in Florida

Policies on Wrongful Accusation of Sexual Harassment

As an employer, what policies can I legally write and enforce regarding the wrongful accusation of sexual harassment?

The only analogy I can make is a nuisance suit where one party sues another and it turns out there really was nothing to substantiate the plantiff's case. The defendant then would counter the suit.

Can I create a policy where if someone repeatedly accuses a person (or many people) of sexual harassment, and there is no evidence to support the claims, the accuser could suffer consequences as a result of the wrongful accusations? I wouldn't base a decision on any one incident; there would have to be a history of false accusations. Would this hold up in court? And how would the policy need to be written?


Asked on 11/04/04, 10:56 pm

1 Answer from Attorneys
Joyce Glucksman Joyce F. Glucksman, P.C.

Re: Policies on Wrongful Accusation of Sexual Harassment

The answer is a qualified yes. Generally you can not retaliate if the person has filed a charge of sexual harassment/discrimination with the EEOC, however provided that you have done a bona fide investigation of the allegations. After investigating if you believe that the allegation of sexual harassment is true you must take prompt remedial action against the harasser. If, after investigating you determine that the charges are false and there is a pattern of makinging false allegations in Georgia and Florida you may take action against the accuser. Just make sure you have a good written policy about sexual harassment which is posted or diseminated to the employees they must follow it. If they don't follow the policy it may help avoid vicarious liability. Also, it is important to have written record of the allegations, how many time she has made a false accusation, what you did to investigate and the basis for your decision.

This won't insulate you from a charge of discrimination however it will help defend you if she files one.

Should you have any questions or need a sexual harassment policy or employee handbook including your policies I would be happy to help you. My contact information is below.

Read more
Answered on 11/05/04, 10:35 am


Related Questions & Answers

More Sexual Harassment Law questions and answers in Florida