Legal Question in Sexual Harassment in Illinois
False Charge of Sexual Harassment.
Female employee quite via letter citing ''environment which has become increasingly hostile and continued sexual harassment without action on the part of the human resources department (after numerous complaints).'' This is a bold face lie. She did not make any complaint to her supervisor or to the Human Resources Dept. We know of no complaint to anyone in the company. We are a small company and have no experience with sexual harassment, although we do have policy in place. Should I reply to her letter and deny her charges?
2 Answers from Attorneys
Re: False Charge of Sexual Harassment.
The size of your company may bar this person from bringing a federal lawsuit. Also, the burden of proof is on the person making the allegations. You may wish to consult with an attorney who can provide advice after discussing the entire factual situation.
Re: False Charge of Sexual Harassment.
Although it is difficult to assess any situation without full knowledge of the facts and, therefore, what I am about to say applies in general circumstances and not necessarily in your company's circumstance, I generally would write a short letter explaining that the company has no record of any such complaint and asking that the employee detail and document the exact times, content and person to whom such complaint(s) were purportedly made.
Also: If your company has less than 15 employees, then it is not subject to federal anti-discrimination laws.
-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo
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