Summary

A male was accused of sexual harassment by a female coworker.
The  accused employee was offered two choices - resign or be fired.
The employer requested a police investigation who did not find evidence to support criminal charges.
 

Analysis

In Sassaman v Gamache we have a classic case of how not to deal with sexual harassment complaints.
 
When offered the choice between resign or be fired, the male employee filed a Title VII sex discrimination action.  The actual trigger in this case was the employer's comment
"I really don't have any choice.  Your accuser knows a lot of attorneys; I'm afraid she'll sue me.  And besides you probably did what said you did because you're a male and nobody would believe you anyway"
 
Title VII mandates that employers take sexual harassment claims seriously.  Whether the complaining party is male or female, employers must investigate.  However, employers cannot presume an employee is guilty.  The presumption must be innocent until proven guilty.
 
In this case the employer acted on stereotypical behavior and failed to investigate the alleged harassment properly.
 
In his defense the employer asserted that the fear of being sued by the female complainant justified forced resignation.  The 2nd Circuit rejected that defense.
"Fear of a lawsuit does not justify an employer's reliance on sex stereotypes to resolve sexual harassment, discriminating against the accused employee in the process."
 
Since 2007 there has been an increasing number of sexual harassment complaints - from 2007 to 2008 an 11% increase.  It is incumbent upon employers to get it right the first time.
 
  • Employers need to have a anti-discrimination policy and training in place.  Include sex sterotyping in anti-discrimination training.
  • Interview as many witnesses as possible, as quickly as possible in a neutral manner
  • Investigate every claim in a neutral manner.
  • Never assume that an allegation is true.
  • Document every step of the process.
 

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