Legal Question in Sexual Harassment in New York
What rights does the person accused of the harrassment have?
My husband, an insurance adjuster, (58 years old) was called into his supervisor's office and advised that a woman complained that he had hit her in the rearend with his briefcase. My husband was shocked and had absolutely no knowledge of this incident. He goes to this particular office 1, 2 maybe 3 times a week, sometimes not at all, and has never had a problem. He explained that the office is very small, and that when he went to place a file on the desk he leaned over the chair, file folder in one hand, briefcase in the other, and recalled her saying I sit on that, and my husband replied he sat on it also - referring to the chair he was standing in front of. He then said goodby and left. My husband is extremely upset that this woman made this complaint and although his supervisor and manager believe him 100% - his reputation is now in question. What rights does my husband have and what can be done to counteract this woman's alleged complaint. I should note that when his supervisor spoke to the woman she was rather ''wishy washy'' about it, but enough people are now aware of the incident and my husband is uncomfortable about this. Please help me. My husband is a wonderful man and would never do something like this.
1 Answer from Attorneys
Re: What rights does the person accused of the harrassment have?
Obviously, your husband must ensure that his side of the story is told. Does the employer issue an "Employee Handbook" to all of its employees? If there is, check to see if the employer has some sort of internal dispute resolution program. He may or may not want legal representation at any hearing, but at the very least he should discuss expectations and strategy with an attorney.
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