Legal Question in Sexual Harassment in New York
Processes and rights of those accused of sexual harrasment
What if any are the processes surrounding a charge of harrasment relative to the accussed and what rights do they have?
Can they or should they be suspended and barred from the workplace and communication with it?
Do they continue to receive pay?
Must they be informed of the specific charge(s) and the person(s) lodging the complaint?
What happens during investigation and what is thei ability to review material and refute charges?
What happens if charges are upheld? What if not?
1 Answer from Attorneys
Re: Processes and rights of those accused of sexual harrasment
Your question is about a complicated area of the
law. An employer has many choices. The employer as well as the accused is
vulnerable to suit depending on what the charge is. The first thing the employer must do is investigate, but not so broadly that
privacy if violated, to determine whether there was harassment.
The second thing the employer must do is provide a remedy
if there has been a finding by the employer itself that the s-h did occur.
Amongst the many options the employer has are those
you asked about: to suspend from work,
to bar from the workplace, to suspend with or
without pay, to move people from one department
to another (so that their paths don't cross),
or merely to warn.
The accused also has rights: to see the accuser's complaint, if in written form, to answer charges, and to negotiate with the
employer. The list is quite long and too complicated to write here quickly because these types of cases are fact-intensive.
Call if you have questions.