Legal Question in Employment Law in New York

Re: Falsely accused of SH

Thank you for your inquiry. This response is for informational purposes only and should not be construed as legal advice.

Sexual harassment cases are especially fact intensive. Therefore, only a general response for informational purposes can be given.

There are two types of sexual harassment - quid pro quo (this for that) typically engaged in by a supervisor or manager, and hostile environment, which is co-employee driven and is typically pervasive workplace conduct - whether verbal or non-verbal.

Employers are required to have a sexual harassment policy. Under that policy, appropriate corrective action should be taken after a full and proper investigation.

From what you describe, a full and fair investigation should be undertaken.

If in fact it is determined that this supervisor engaged in the conduct as alleged, the next question is whether it violated the policy.

If so, the next question is what corrective action (up to and including discharge) is appropriate under the circumstances, taking into account the accused's prior work record, length of service and so on.

In some cases, discharge may be appropriate; in other cases, something less than discharge may be appropriate. In other words, to answer your question, the possibility of discharge does exist. However, as with any potential termination, the decision should only be made after a full and fair investigation of the facts, including prior discipline, work record and so forth.

I hope that this has been of some help. Thank you again.

Re: Falsely accused of SH

Most likely, Yes.

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