False Allegations of Sexual Harassment: Misunderstandings and Realities

proof

Since sexual harassment can be in the eye of the beholder, only evidence that meets civil standards of proof, argues a university complaints investigator, can fairly decide what happened.

Why is there a great concern about false allegations of sexual harassment (or other forms of harassment) when few formal complaint investigations result in findings of false allegations? Simply put, the stakes are high. There may be negative impacts on career and reputation. Potential job loss or discipline is a reality. The stress, time, effort, frustration, and financial cost take a toll on the parties. Establishing the basis for a complaint, or defending against allegations,
particularly if this entails proving a negative—that something did not happen when it is alleged it did—is often a difficult and lengthy process. The embarrassment and emotions attached to allegations and evidence can undermine even the strongest individual.

As an investigator of hundreds of complaints I have seen much confusion and many misconceptions about false allegations. Using illustrations from university settings and popular culture, this article explains and clarifies what is and is not a false allegation, contrasts false allegations with allegations that are not proven (not substantiated) following an investigation, and discusses some important considerations when dealing with allegations of sexual harassment.

Don’t think of allegations as being “true” or “false”

It is simplistic and unhelpful to frame allegations as “true” or “false”. Doing so leads to confusion and misunderstandings. Here’s why. An allegation is a statement of belief that some wrong or harm has occurred. For example, a student alleges that a professor has sexually harassed her; she believes the professor has crossed the line into behaviour that is illegal, contravenes the university’s policies, is unacceptable, and harms her (her learning, her grade in the course, her completion of the course, academic references, her comfort level with the faculty member, her academic or personal reputation, etc.).

Allegations of sexual harassment (or, indeed, of other types of harassment, such as racial harassment, bullying, homophobia, or psychological harassment) will—following a fact-finding investigation—either have merit or not. Merit is determined through a proper investigation: a fact-finding process aimed at clarifying and assessing the issues raised by the allegations. Complaints investigators do this by gathering evidence relevant to the allegations and assessing this evidence against established standards of what constitutes sexual harassment. These standards have evolved over the years through decisions of courts, human rights administrative tribunals, and arbitrators, and are informed by research and policy development. Credibility of the parties is also assessed.

If the allegation has merit it will be substantiated by the evidence. If it does not, it will not be substantiated. In a few instances, a determination of “unable to substantiate” may apply, if the investigation has not been able to find evidence persuasive either way, often the result of a lack of any evidence (direct or similar fact) which might shed light on the matter.

true or false?What is a “false allegation”?

In sexual harassment investigations, a false allegation is one the complainant brings knowing that what is alleged did not occur and, therefore, could not constitute sexual harassment. Malice may or may not exist. Generally, we consider fabrications to be false allegations.

However, be careful not to define lying as a false allegation. While popular discourse may equate false allegations with lies, not all lies are false allegations. For example, a complainant may not disclose relevant facts owing to shame, embarrassment, fear, mental illness, or simple mistake. While this may undermine the complainant’s credibility, it does not in itself make the allegation a fabrication. For example, let us say a complainant (an administrative staff member) does not disclose the fact that he engaged in kissing and sexual behaviour with the alleged harasser (a professor) or that such behaviour was consensual in the early days of their intimate relationship. However, this “lie” (lack of full disclosure) does not necessarily mean his allegations of subsequent sexual harassment by the faculty member are false.

The aim of an investigation

A proper investigation ensures that the fact-finding process—including the identification, gathering and assessment of evidence—is fair, objective, and thorough. It answers two questions: Did it (what is alleged) occur? And if it did, what is the significance of it? In other words, is it sexual harassment?

A superficial understanding of harassment is inadequate, and a superficial analysis based merely on the complainant’s prima facie case, or focussing on subjective impressions, is insufficient. The totality of the evidence must be assessed to determine whether specific behaviours constituted sexual harassment—or something else, such as interpersonal conflict, miscommunication, unprofessional behaviour, or potential criminal behaviour, such as sexual assault or criminal harassment (stalking). An evidence-based process is fundamental to a careful, objective, and thorough analysis using the required “balance of probabilities” that is the civil standard of proof.

Not proven (not substantiated) does not mean a false allegation

An investigation may conclude that allegations are unsubstantiated by the evidence for any number of reasons, none of which relate to fabrication or false allegations. For example, Faculty Member A may allege sexual harassment by Faculty Member B. The allegation is not proven. Person A may misunderstand what is defined as sexual harassment; for example, the jokes told or the comments made by B are inappropriate but do not constitute sexual harassment. Person A may not have accurately identified who made the comments; therefore, the allegation made about Person B is not substantiated. Person A may not have accurately or completely identified the comments or the context in which the comments were made. Or, the comments were made, but the evidence shows that the conduct was mutual, and Person B could not reasonably know her or his comments were unwelcome. Or, a single event is complained of—Person B shows Person A a YouTube video of women swimming naked—yet the investigation concludes that this single event is not sufficiently severe (or, perhaps, sexual) to be considered sexual harassment. Keep in mind that any of these examples may indicate that inappropriate or unprofessional conduct occurred, but it does not fit the definition of sexual harassment.

Don’t assume a complainant’s prima facie case is sufficient proof of harassment

Essentially, a prima facie case of sexual harassment exists when a complainant’s allegations, on the face of it, appear to have all the elements of sexual harassment. While the onus is first on the complainant to make out a prima facie case (before the onus shifts to the alleged harasser to respond to the allegations), the prima facie case does not in itself create proof of substantiation.

As noted earlier, whether the complaint has merit will be determined through a fact-finding process. Too often people quickly and inappropriately rush to judgment, declaring harassment exists before the facts are known, the evidence is assessed, and a proper determination is made. The college-based play Oleanna illustrates this. Indeed, David Mamet’s controversial play is sometimes referred to as a he-said-she-said sexual harassment story. It is also considered to be a play about false accusations of sexual harassment.

lawWritten in the early 1990s and still performed today, Oleanna prompts us to interpret the dialogue, tone and body language of John, a professor in his mid-forties, and Carol, his student. Over three provocative acts, the play may enrage audience members as they empathize with either character, or both, or neither. Or, it may challenge us to unpack an unhealthy brew of sexual harassment (or inappropriate behaviour? or rape?), unclear communication, partisan perceptions, and strong emotions, as well as issues of power, gender, class, and age. We struggle with what appears to be the male (and professorial?) privilege of John and the awakening feminist (and mob?) analysis by Carol.

But is it sexual harassment? Are these false allegations? As an investigator I am intrigued and frustrated by the play. It presents prima facie evidence of “something”—possibly of sexual harassment, maybe of assault, probably of abuse of power (by the professor? the student? the tenure committee?), certainly of unclear communication and mixed (misguided? malicious?) motives. As theatre it is enormously effective, as it places us in the role of judge and jury but without the benefit of fact-finding and analysis. We overlay our own subjective impressions on those of the prime characters. As an attempt to discover the truth and deliver fairness, justice, or equity it fails miserably—and that may be why it makes good theatre.

The power—and Achilles heel—of subjective impressions

Over the years, labour arbitrators have cautioned against using subjective impressions to decide the merit of workplace grievances of harassment. They have emphasized that objective standards, not solely the subjective impressions of the alleged victim or alleged harasser, must be applied in determining whether harassment or abuse has occurred. A famous photograph illustrates this; conduct occurred, but does it constitute sexual harassment?

American Girl in Italy by Ruth Orkin is one of the best-known street photographs. Taken in 1951 in Florence, Italy, the photo shows a woman walking along a sidewalk while men look at her. My description is carefully worded. I could have said “young woman” or “girl,” a “gauntlet of gawking men” (as some have said), or “ogled by 15 men,” or “hassled” or “harassed.” I could describe the body language of the woman, the look on her face, or that of the men, especially the man sitting on a motorcycle and another man with pursed lips who has his hand near (on?) his crotch. The latter has been described by some as “grabbing his junk” or “that not-so-innocent-looking gesture with his hand.” Some describe the men as “leering and lascivious,” the woman representing “either stoic independence or sheer vulnerability.”

In interviews this year, on the 60th anniversary exhibition of this iconic photograph and other works by Orkin, Nina Craig, who is the subject of American Girl in Italy, says, “Some people want to use it [the photo] as a symbol of harassment of women, but that’s what we’ve been fighting all these years. It’s not a symbol of harassment. It’s a symbol of a woman having an absolutely wonderful time!” Craig describes the street behaviour of the men (in the photo, in Italy, and elsewhere in Europe) as making her feel “appreciated.” And what of the gesture by the man in the photo? Craig explains her experience and interpretation of his behaviour and of the other men this way: “That young man is not whistling, by the way; he’s making a happy, yelping sound, and where you see him touching the family jewels, or indicating them, with his hand—well, for a long time that was considered an image people should not look at. That part was airbrushed out for years… But none of those men crossed the line at all.” Were the men harassing her? “I can tell you that it wasn’t the intent of any man there to harass me.”

Are “facts” socially constructed?

For her part, Orkin says “Being a photographer is making people look at what I want them to look at.” What do you see when you look at her striking photo? How are we to “factually” interpret the experience of the woman in American Girl in Italy and the behaviour of the men? Craig does not allege harassment. Others who witness the behaviour or who experience similar treatment by men might do so. Which version do we believe? (Note that the Supreme Court of Canada has ruled that if only some women, and not all women, are victims of sexual harassment, it does not mean the conduct is not sex discrimination.)

The law and case law also tell us we need to consider what is known or ought to be known to be unwelcome comment or conduct, and what might constitute sexual harassment. What would a reasonable person, in 1951, conclude? In 2011? In Italy versus Canada? What would a similarly situated reasonable woman conclude?

I recall a young, second-generation Asian student I interviewed many years ago. Another student had brought a complaint against a professor alleging sexist, homophobic, and racist behaviour and the creation of a poisoned environment. This witness recounted several examples of classroom comments that struck me as being potentially racist (as well as sexist, and some as homophobic). I asked if she considered the professor’s behaviour to be racist. “No,” she replied, “it’s inappropriate—he shouldn’t be saying these things. It’s not good.” I probed, wanting to understand her interpretation. She looked at me (an older, white woman) as though to say, “You don’t get it” and then patiently explained, “This is my daily experience. I am a young Korean woman. If I called this racism and sexism, I wouldn’t be able to get through my day. I don’t have time to do this. I have to live my life.” The effect of this professor’s behaviour was one thread in the rich and sometimes painful tapestry of this woman’s life.

What can we learn from such examples? As teachers and colleagues we can minimize the possibility that our behaviour may cause harm or be interpreted as harassment by being mindful of the value of being respectful, reasonable, and empathetic in our interactions with others.

Catherine Burr is a conflict and investigation specialist. She has more than 30 years’ experience investigating workplace sexual harassment, discrimination, bullying, and workplace violence complaints. She teaches human resources management in the Masters of Public Administration program at The University of Western Ontario.

  • MD

    I posted previously on this blog. I was falsely accused of sexual harassment out of vengeance by a young female co-worker who was upset about comments commending another student who outdid her research. I lost everything (job, education, house, healthcare, etc.). I was forced to take legal action against the false accuser and won a judgment in my favor. Now 3 years later I’ll be going to court against the institution. Hateful, overzealous HR employees withheld information from, misled, and lied to witnesses and fabricated factually false reports when witnesses didn’t confirm their preconceptions. One should never assume investigators will be honest and impartial. HR employees have been demonstrated to lie pervasively in many court cases across the country and these are the same types who ignored genuine sexual harassment complaints 20 years ago. Sexual harassment undoubtedly occurs and causes grief to those affected. However, false accusations of sexual harassment are much, much more damaging and yet those accused have no protection or recourse.

    • Quinn learn

      I am in a situation that sounds a lot like yours, I just got done going through the problem solving committee in the company I work for and I couldn’t believe they withheld the sexual harassment. I am confused as to what to do because it was an attack on me. How did you prove your case? My email is allreadymaid77@hotmail.com. Let’s talk please I can use your advice and experience.

      • MD

        Dear Quinn, I’m not sure what your situation is, were you harassed or falsely accused of harassment? I’m not sure what you mean by ‘withheld the sexual harassment’. Could you describe in more detail before I respond more fully?

        In my case I was falsely accused, I subpoenaed institution documents through the freedom of information act (or something similar), I had witnesses re-interviewed by a third party, I filed a civil suit against the false accuser, and I filed a complaint with the EEOC. If you were harassed as opposed to falsely accused, there are similar steps you need to take and usually hiring an attorney will be well worth the cost (I should have done it much sooner).

        MD

        • Ims

          MD help me it seems I am being falsely accussed by a new employee that I beleive wants to make a quick buck

        • Ims

          *believe

        • MD

          Dear Ims,

          I don’t know you’re situation and I’m not sure how a new employee would make any money by accusing you. Usually false accusations are for other reasons (as an excuse for something else, to remove an unliked employee, for a promotion, revenge, etc.). If you’re part of a union, you’re lucky as they have leverage, work with them. Company e-mails are free game for the company and they can look at whatever they want. Collect all the evidence you can, including from your colleagues. Get something in writing or record it, but be careful not to leak details about the false accuser as they’ll then accuse you of “retaliation”. Getting an attorney is highly recommended. It might cost a few hundred dollars, but you might be glad you did it. They can threaten your company with discrimination or wrongful termination. At the very least, get a free consultation. Lastly, if you’ve done nothing wrong, have faith in your integrity. Hope that helps.

        • Ims

          I was questioned with union representation a few days ago and only my intra company IM messages are being questioned.. I need your guidance please.

        • S Bee

          It never ceases to amaze me how these institutions/corporations expect someone to defend themselves without the allegations.

          They won’t just come out and say… we don’t care about justice.

    • robert rodemich

      are you doing both of these as a civil case , im in a simalar situation and i got proof and no one will listen , i need to know what course i should take because it seem no lawyer is interested.so im thinking maybe a cival suit is in order

      • MD

        Hi Robert,

        I’m sorry to hear this has happened to you, but you’re not alone and worse things can happen. I can’t comment too much as my case is active. I did both as civil suits (discrimination/wrongful termination/civil rights violation). Most attorneys won’t be interested in your case unless you have solid proof, but keep trying. Currently the law works in favor of false accusers and institutions/organizations that take their side. Be prepared to spend a lot of money with no guarantee of a favorable outcome. I subpoenaed documents from the institution I was at that demonstrates prejudice/inappropriate behavior and have witnesses to bring to trial. Good luck!

    • ma

      Hi, my husband is in a similar situation as yours. however, unfortunately a couple conversations between him and this young lady who’s dad (also with the same company) is higher up than my spouse, came off as inappropriate (responding to her txts). my problem is, this is coming off as retaliation from this individual whom due to her own fault of tardiness ( despite repeptitive chances on getting her help i.e. sober living etc..) was on her final warning and about to be terminated. not my husbands decision, but her boss. we have talked to some layers but non are willing to take the case. we are looking to file for wrongful termination/defamation of character/discrimination). do you have any advise?

      • MD

        Dear Ma, your first step is to gather evidence. Even e-mails from colleagues help. Your second step is to file a claim with the EEOC (Equal Employment Opportunity Commission). Don’t exaggerate, just state the facts, it’s free to file a complaint. Unfortunately, the system is biased against males and so the EEOC won’t do anything for your husband, unless perhaps he’s not white. However, it buys you time to find an attorney. If you can’t find an attorney, go to your local court and ask for a list of low-cost attorneys. Your chances of winning are small, will take years and cost tens to hundreds of thousands of dollars. Your husband was likely an at-will employee, meaning he can be fired for any reason, except for age (over 40), race, sex, or religion. So, you would better have good evidence of discrimination before pursuing. Hope that helps.

  • mike jones

    i recently had a classmate file a sexual harassment complaint against me saying i offered her money in exchange for sex. She never told them she asked me how much money i had and that i would have to pay 1000$. she lied completely and there was no text message of me asking her for sex but yet they still charged me. Everytime i asked to see it they would never show it to me but i already know it doesnt exist. is there any thing that i can do

  • robert rodemich

    i just lost my job because i was accused of harassment, its a long story but her husband caught her and they were at my job claiming harassment , there is more to it i was a manager and she wanted to fix her marraige i said great hope it works out , next day i found out she was having another afair with one of my employees , i told to stop with all the men here and do your job , well she wouldn’t she even admitted it was all her fault and that she would leave , she did not ! so they did a non-investigation because there is not one piece of documentation of her claim or the investigation unless they are lying and that could be , but i believe the law gives me the right to have the finding and a copy of her claim , i got nothing resent request today , so after they fired me they banned me and no one would even talk to me , the plant manager told her to get a restraining order and she did and this is were it gets even better other then being full of lies there was a letter from plant manager to her and he makes a very strong point to say the first time he heard of the claim was nov 30 but on page 25 there is a email i sent her and she points out another plant manager who is embedded in her email and date nov 21 , now they are both lying about what they knew , its obvious they were working with her to set me up and i can prove it all they got not paperwork for anything , she is lying through her teeth , i know my rights have been violated and i can find no one to look at the case as a whole.. i was one of the top sales managers and i realize my mistake and i was trying to fix it , this is so dirty on so many levels and im very frustrated that no one will listen , once your accused you amy as well be a murderer , they people i have worked with side by side for 11 years wont talk to me she is still employed she hasn’t even hit her first year there yet ,im not giving up because i know there is something that can be done i just have to find what it is , my life……ruined

  • PhilA

    Simplest way to avoid harassment claims in the work place – if you are a male, stay the heck away from women. No lunch, no coffee, no after work drinks, no confidential meetings behind closed doors if you are a man and the person you are interacting with is a woman. There are several women who can and will twist facts to their advantage. In today’s litiguous society if you are a male accused of sexual harasment you are immediately fired.
    A close male friend of mine who was a huge proponent of affirmative action and dedicated to helping women succeed at the work place was just recently wrongfully fired due to a misundertood sexual harassment claim by a young female employee.
    Certainly do everything you can to stay collegial and fair to female employees, but please don’t find yourself in 1:1 situations wth them.

    • robert rodemich

      you are correct , I guess I thought I would not have the displeasure of meeting someone like that

    • MD

      If you do as you say, you’ll be accused of gender discrimination. As part of a false sexual harassment claim against me, HR accused me of gender discrimination for not working as much with a female employee, who incidentally was not assigned to work with me.

      Current sexual harassment law may help real victims, but it opens a wide door to unbelievably easy abuse by false accusers and organizations that take their side. Unfortunately, the consequences for the falsely accused are equal or worse than for harassment victims and yet they have no real legal recourse. It’s a trap.

      • S Bee

        Very accurate and well said.

  • robert rodemich

    what makes my blood boil is I can prove my bosses knew for 9 days ahead of time and were trying to set me up because this same girl started an affair with there buddy part of “the good-old-boy “network , and I cant get a lawyer to touch it , and I can prove all of it , maybe they all think its on contingency, I’m not giving up,But crap if its not cut and dry for them they don’t want it .I just had trial for the restraining order and I knew from my research I judge would give her the order if only to make sure the judgffe is protected, but the judge only gave her 6 months and said it was a cool down period , could tell judge was reading through her B.S and the judge asked what I did to make her fear me , and get this she said “nothing he is a nice guy he has never been like that ” and she also implied I was fired for a letter on my personal email on a weekend .all no threatening. ill find someone who likes to mix it up a little

    • MEG MCNAMARA

      DON’T STOP FIGHTING! EVEN IF THE OUTCOME IS NOT DESIRABLE, YOU MUST STAND YOUR GROUND AND FIGHT! I’VE HAD JUST ABOUT ENOUGH OF OPPORTUNISTS WHO KNOW HOW TO WORK THE SYSTEM TAKE DOWN GOOD, HONEST, HARD WORKING PEOPLE!!! THE SYSTEM NEEDS TO START PROTECTING THE PEOPLE, AND NOT THOSE WHO ARE GROOMED TO ABUSE IT FOR PERSONAL GAIN AND GOV’T HANDOUTS BECAUSE THEY ARE TOO LAZY TO WORK!!

      • tar

        read post from tar

      • robert rodemich

        thanks meg problem is I cant get a lawyer to listen , as soon as it gets complicated I can hear them lose interest, and it is complicated , hell I would be happy if someone just listened and look at the paper I have then judge and not think im crazy as soon as I suggest my boss decided to work with her instead of step in.i literally have it in a letter he wrote , it dosentr directly state that but he does lie about when he knew and a few other things , how do I know he is lying , because there is another email I got with his right man next in charge inserted into her email signature (and you do not get in the signature by accident) and its dated 9 days before plant says he knew anything , and then I got right hand mans text lying and saying he knew nothing I was just taking it bad except for he has been watching many emails he name is all over, and then to tie it all together in her restraining order (that’s were I got the other paper) all of her evidence is dated on or after the date they started watching emails, we had been seeing each other since april ! I have a bunch more of them and the reason I suspect she doesn’t have any older was to delete so hubby would not find , then she had to be told to save any emails , so they waited until they got what they want . so I see it as a set up , and I sent a email that im open to hear any other explanation. no one responded . this is a perfect case to change laws for false accusing, I made a few mistakes and I said some things out of anger but have 5 emails on same subject supporting and trying to help , there is a lot going on here and as much as people think im crazy when I say my boss was involved just think about how surprised I was to find it , I stand 100% behind everything I say , I accept my actions , but im having a hard time accepting being the only one who paid , I lost my job , all my friends and now I have the knowledge that people I worked with for 12 years had a part in it .I wish I could find an attorney that had some guts to listen and look and then just tell me straight what my options are , but none have done that , and time is running out ..but thanks for your words

  • mmcowby

    The laws are there because of what happened to my wife and I. A manager had an affair with my wife. When she decided to end it he couldn’t let it go. Constantly emailed and texted until she blocked him from her phone. Then emailed and called her into an unused office to confront her several times a day. He even had his mother text my wife at work about the affair that had ended. When my wife confessed the affair to me, she said she was leaving her job at the request of the manager who was worried about ” Quid Pro Quo” and loss of his job. My wife turned over the letters and poems and emails and as we were reading through them the manager emailed many more times not knowing I was on the receiving end and mentioned that he had just had sex with his girlfriend and that her private parts did not have any odor. Intent doesn’t need to be explained. I then sent him an email from my own account that stated the affair was over. First the manager apologized then a few hours later emailed myself that I needed to have my wife leave her employment and that if I talked with the business that he would ruin my life. I called the plant manager and requested a meeting with him to show the abuse and the threating media and to protect my wife. The plant manager
    told me that the one email sent to me about the request of termination of my wife and the threat of ruining my life was enough to terminate the manager. Years of training on the subject on my behalf by my employer and contacting the Department of Fair Labor was enough to require the manager to be terminated that same day. As the law states I too have the right to sue the manager and the franchise company as the spouse of the victim as well as my wife the victim. We have no plans to hire an attorney as we are both pleased with the way the company reacted to our claims. You see those laws have to be in place for the reason I have stated above.

    • tar

      you are a liar , so the laws are there so your wife can have as many affairs as she wants at the same time? So she can play games, your to stupid to know she was screwing 2 possible 3 guys , you had the evidence , truth comes out , wife the victim that’s funny!!! wife was the predator and got caught unless she is married to the other guy then ya she was fixing her marriage all right , and laws are not to protect a women to be a whore, and your wife takes away from real claims of harrassment

    • tar

      your wife the victim went after the manager after his brother was murdered and he broke up with his girl, she went after him, gets better she scammed on the other guy while at that guys wife memorial nice big kiss and not the on the check kind, those are his words and they are available ,but had you shown up to the restraining order trial (that the manager won by the way)you would of heard a lot of truths and these truths are still very much available , my understanding is the manager admits to saying some things out of anger but there is plenty of evidence to show it was out of anger because every other mention of a subject was supportive , also my understanding is there is someone there who witnessed your wife lead the manager on even after they had agreed to stop and to this day that person who seen this, name has not been reveled, my understanding is this manager has something on the plant manager and can tie your wife, the plant manager and the other lover together to set this set this manager up. sir the truth will come out and if your wife was really abused then that manager has what coming to him , but my understanding is that when asked by the judge what this manager did to make her fear him and apply for the restraining order ? her response was ” he did nothing to scare me he is a nice guy” so it seems there is a lot more to this but truth will prevail and everyone will get what they got coming weather it be the manager the wife or the plant manger . my understanding is the manager is the only one who admits to mistakes he made and the only one not trying to hide anything .the biggest mistake I think he made was falling in love with her , but then she should not take advantage of people in weak times of there lives, hope it all works out for you

    • llrowland

      So this happened to your wife and you? seems someone is saying there is another guy and you know about it? What makes my stomach turn is he states she made advancement after tragedies for both these gentleman and at the memorial of one! Sounds like you need to hire a shrink not a lawyer,
      There is a lot not being said , sounds like your wife was the predator . and what are you all about? wife is having more then one affair but you blame the manger who claims she made the advancements and then you point out that you have the right to sue him as well ! All I can say is your a mans man and I am glad I am not married to you because , you imply that he sent a letter saying your wife has an order in a certain spot ? well at least he did it in a private letter ! and even as tactless as that is it was in a private letter You put it all over the web. I am pretty sure from what am reading that these laws are not here to protect your wife, but whatever ,Looks like your wife used everyone even you .strange deceiving people…Ill stick with my husband he may piss me off daily but I know he is a real man and would handle a situation as such and not say I smell all over the web. Good luck to you and goodnight

    • robert rodemich

      i am that manager and ill make it simple for you mark your wife is a WHORE who had 2 affairs and and possibly three , ya she is a victim my ass , you,your wife,Matt Davis and Steve wyatt are bold face liars ..so you enjoy your wife , because everyone else is.

  • http://falserape.blogspot.ca/ Sean Kayvon

    Please ready this article which is based on my own experience with the Canadian justice system on how to protect yourself against false accusations of sexual assault / false rape:

    http://falserape.blogspot.ca/2014/12/aviod-false-rape-sexual-accusations.html

  • Latino123

    I am experiencing a situation where o am being accused of sexual harassment over things they say I said more than 8 months ago. At the time the boyfriend of the accuser was new at the company, and they were not dating, but started dating shorlty after that. I am being accused to ask questions like “did you f* her?” And also for stating that woman were easy at the company. The boyfriend works based out of a different country and I have little to no contact with the girlfriend, who I believe to be the accuser. A claim has been raised against me and there is a investigation taking place. What should I do? What can I do? And I am Latino. I feel I am been slandered since I am a top performer and have always stood up for the be interest of the organization.

  • Nalini ™

    About a year ago, my gay friend complained to HR that his female manager was bullying him at work. When contacted by HR, the manager counter claimed that my gay friend sexually grouped and tried to kiss her. My gay friend was questioned by HR and he revealed to them that he was a gay man and had no sexual desire or interest in females. He also provided proof as to his life long homosexual status. Despite this, he was terminated a few weeks later with the explanation that the company no longer found him to be the right fit. He tried to challenge the company by hiring a lawyer but finally settled after his financial resources ran out. He later fell into deep depression over the incident and began drinking. Prior to my friend’s experience, I didnt know that women made false sexual allegations but now I Know.

  • Inez Deborah Emilia Altar

    I am slandered as a sexual pervert and my body slandered I heal together from massive abuse when even with 21 years of malignant tendency eh but with success when I go to have my internet plaque repaired at Worten next to Continente supermaket Santarem

  • S Bee

    I like the article. But it’s somewhat telling how the author felt the need to reinforce the notion that the absence of proof ‘doesn’t mean it didn’t happen!’

    Why didn’t the author feel any inclination to reinforce the opposite – that just because someone makes an allegation – it doesn’t mean it’s valid or true?

    To me, the greatest determining factor in how someone ( accuser or accused; male or female ) can expect to fare in a harassment investigation is answered with a simple question: WHO is the more valuable employee? It will trump gender and facts virtually every time.

    In Ontario, a very well known radio host was accused of workplace harassment and, it seems, protected by management ( for a while).

    The radio host was protected not because of his gender, but because he was a very important, highly valued employee.

    Had he been the custodian, his experience with management would’ve been very different indeed.

    I think there is a tremendous amount of ideological dishonesty being bandied about as fact when it’s nothing but useful lies.

    • Labella52_110

      It happens all the time management getting preferred treatment. Managers can get away with things a rank-and-file employee cannot.

    • robert rodemich

      or what will they lose in a lawsuit , they can fight it but most company’s just get rid of the accused and say look we fixed the problem all is good without any proof there was wrong doing

  • S Bee

    Goodbye parasite.

  • Labella52_110

    And how does one substantiate the allegations when more often than not, it’s a He Said She Said situation?
    An ethical investigation might conclude there’s insufficient proof to discipline anyone. But in the real world, investigators tend to find something to penalize the accused for. I’d say it’s quite miraculous how that happens…
    Schools and workplaces should have no part in these investigations. If harassment has occurred then it’s a crime and should be investigated by the police only. Corporations and schools are far too biased.

  • Joshua Martin Pryce

    bingo. i didnt even touch a girl and she made a compliant.

  • Mac

    A friend of mine was a acussed of harrassment. She is at fault a great deal. But the man that made the complaint does have a huge fault in leading her on…
    I’d like help on writing a missunderstanding letter to put on the warning letter she/my friend received.

  • Sarah

    Ok so my boyfriend got accused of harassing some girls the night he was looking for me they.said he was drunk and made probocative comments. And being that he was drunk when i last seen him. I believe it. But then i dont because i been with him for 4 years and he has never show that behavior. And when i.told him the cops were looking for him at my house just to see if he would show up and he did. So is that a guilty act by coming over or just precautions becuse no one wants to be looked at like that.

  • Sarah

    Im just confused and really dont want my boyfriend to be some wierdo. And was it a good choice though for him to contact the cops if being accused or is that a guilty thing to.

  • Mf

    I am a openly gay man, who has been at current work place for over 18months, no complaints – just a very happy go lucky go – who really loves his workplace. I don’t believe in touching people as that would spell trouble – unfortunately, a young girl started at my office and has been there for 2months, who has made a sexual harassment claim against me, saying I called her name in a very sexual manner and promptly put my hands around her waist and pulled her towards me and held her up against me for 10/20 seconds. I am so stressed as this is not the sort of thing I would do – and does one release how long 10/20 seconds – this is still ongoing – if this can happen to gay man – my question is WHERE WILL IT END OR IS THERE ANY REAL JUSTICE THERE TO PROTECT MEN

    • robert rodemich

      I can promise you there is no justice to protect men gay or straight in this situation, the laws have been structured in favor of the women no matter what , and in most cases company’s just fire the accused without any proof and call it done , now they can get away with this because we the people have let the company’s and the government take away a reason to fire someone, the now call “it right to work” and since most states are right to work if you get termed because of this and say it was wrongful term , all they are going to say is its right to work and they can fire you for tripping over your own shoe lace , im still trying to find an lawyer who will be straight with me , and I’ve tried at least 40 but im also the type that one way or anther will get some satisfaction, it has been unreal , yes I made some mistakes but my situation is different because I was actually seeing this girl for 8 months , the need to be changed most company’s don’t even do a real investigation , all they are interested in is losing money in a law suit , and that’s all , im close to losing everything I have worked for 12 years and that’s not good for anyone. And the law is a joke and I consider it my bad luck to ever meat a piece of trash like that ..sorry about your situation and sorry there are people out there who are willing to ruin lives without even blinking,

    • Yousuf Farhan

      Since you are gay, you might have a small chance of getting justice. It’s straight men that governments in the West hate primarily, so I’m not sure.

  • MEG MCNAMARA

    I desperately need advice for my sister- She is in a terrible situation and expects to lose her job on Monday because her assistant (and good friend) has formally accused her (labor board, and formal complaint with employers) of making improper sexual comments and also being racist and making racist comments toward her. It is 200% out of left field, and seems well orchestrated, and the only 2 motivations that we can conjure is she wants her job (which she is ridiculously under qualified for), or she is looking for a way to not work and hopefully shake the employers down for a sizable settlement. Either way, for a 22 year old, she seems to have a pretty good handle on working the system, and here is why: My sister may be a lot of things, but what she is the EXACT OPPOSITE OF IS A RACIST, OR SOMEONE THAT TALKS ABOUT SEX ON ANY LEVEL, LIKE EVER! This is a very serious situation as the bosses have begun to interview every employee and she has been suspended. We need help, and fast! My sister basically lives for her job, and she is not only good at it- she is at the top of her field, and has her personal name and reputation tied to it- and it is well documented and in the public eye. She has been underpaid and underappreciated for so long…this is surreal. I refuse to let her be a victim of this, and let her 10+ years of hard work go down in flames at the hands of someone that is obviously a well-groomed opportunist using her ethnicity to abuse the law and scare the company enough to let her go. They are an international company doing business in the US and continually under scrutiny because they are not full US citizens, and a lot of the biz is handled overseas. They are literally audited every month, so easily backed into a corner when it comes to shenanigans of this kind. DESPERATE! Please help.

  • robert rodemich

    there should be laws that make company’s do investigations not just fire on the word of someone else

    • Labella52_110

      But that would be too simple and just. There are laws protecting alleged harassers, but many companies and schools violate them!

  • robert rodemich

    IM NOT STOPING UNTIL I FIND AN ATTORNY TO LISTEN , YES I MADE SOME MISTAKES, BUT ALL IS NOT WHAT IT SEEMS , LKQ AUTO PARTS , MATT DAVIS , STEVE WYATT , AND THE WHORE , YOU ALL SET UP THE WRONG GUY , THAT I PROMISE ALL OF YOU !!!!!!!!!!!!

    Earlier this year, Vivienne Dye was ordered by the Federal Court to pay $5.85 million in legal costs after her claims of sexual harassment against two managers were found to be untrue. The judge labelled her a liar with a “venomous desire for revenge”, and he congratulated her former employer – the Commonwealth Bank – for fighting to clear the managers’ names rather than opting for a payout to make her go away.

    FYI MY EX EMPLOYER LKQ AUTO PARTS IS IN NO WAY SHAPE OR FORM LIKE THIS BANK , THEY WILL FIRE AND PAY OFF REGAURDELSS OF THE TRUTH ALL THEY WANT IS MONEY ,

    • Labella52_110

      What ‘mistakes’ did you make?
      Did the attorney you consulted tell you that your rights were broken? Did you ask?

      • robert rodemich

        I talked to many attorneys and once they heard harrassment they just said it’s an at will state , no cared that I can prove without a doubt that I was set up , no one cared there was no investigation basically no one cared, after stepping away from it for a few months I recently had to revisit and thought maybe I’ll see something different after being away maybe I was seeing it wrong , after getting back into it , I’m even more confident about what happened , the eeoc is looking at now to see if it’s anything that falls in there yard , other then that I’m on my own

      • robert rodemich

        Sorry the mistakes I made was getting involved in the first place , and not just stepping away if my head was on straight I would of seen the game she was playing , 2014 not good year and my brothers murder really affected me the whole year

        • Labella52_110

          Very sorry about the loss of your brother. You have my condolences.

          It may sound radical, but I’m at the point that I don’t think men & women should work together. It’s too risky for men in today’s climate. The one’s that do just don’t know any better.

          It’s for these same reasons male management leave the door open when speaking with female employees and why male physicians have an ‘assistant’ in the room when examining female patients…

          to protect their butts!

          All it takes is ONE accusation.

          This is what its come to today.

  • Labella52_110

    I wonder what Catherine Burr thinks of the “Dear Colleague” letter; Title IX in the US and how due process is being obliterated in US schools…

  • Anshu Anshu

    Hi
    I am working with a reputated company. Recently, a female staff joined this company a month back has alleged me with sexual allegation. However, my company’s internal committee has handled this case with neutral stand.
    Her allegation is that while she visited my office around 7pm on 9 July 15, I tried to hug her and she felt uncomfortable. She came with a complaint in my office about my staff working in the kitchen that he was not ready to deliver dinner. She also stated about her ill health which resulted to her weakness. As I ordered a cup of tea for self, I also asked her if she wants to have a cup of tea to show my courtesy. She said yes. I was working on my laptop as well as listening her. The entire conversation lasted for about 20 min. During our conversation, I picked up few calls as well.
    Frankly, I couldn’t understand her intention.
    Suddenly, she sent a written complaint to my management on 13 July 15. My version of reply was that I disagree with all charged allegations however, during the course of the conversation if anything objectional thing may hurt you is regrettable & seek apology.
    I did this as I do not have any proof for my innocence and have a family.
    I also argued that if she felt uncomfortable then she should have left within seconds from my office. She accepted this as her mistake. I never sent any message or calls to show my interest.
    It is so humiliation that not able to focus anywhere.
    Can I file a defamation case against her.
    Thanks

    • Labella52_110

      Where generally do you live? .

  • Yousuf Farhan

    Is staring harassment, like staring at someone in your class, no inappropriate verbal and physical contact but simply staring, hypothetically speaking?

  • solder_nut

    Well said and they automatically point finger at weaker link, the male because I was in that one percentile. Without stating too much info and for obvious reasons, I am going to use your provoke, distort and invent and add, a false arrest and a one day court scenario because they knew it was false. There is so much more that I am considering Investigative Journalism. So much more that it seems I have stumbled onto a protected witness! Yes, it is that crazy……..

  • S Bee

    get lost parasite.