ive been accused of makeing comments to female client at work,All of which i know is not true.Will sshe have to prove im guilty or will i have to prove im innocent?
2007-02-06 03:14:22 · 10 answers · asked by lawson403 2 in Politics & Government ➔ Law & Ethics
She will have the burden of proof. When someone accuses someone of something, the accuser has the burden of proving what happened. You will be provided the opportunity to defend yourself against her accusations.
Second, contrary to what others have posted, it's not just a matter of how SHE perceived the situation (i.e., subjective perception). She will also have to demonstrate that reasonable people would perceive the incident(s) as offensive (i.e., objective perception). So if she is just sensitive, she cannot prevail against you.
Given what you've described, if all you've supposedly done is make comments, it's not likely she could win in a case of sexual harassment against you. Most reasonable people would not find a couple of comments (unless they were outrageous and extreme) as sexual harassment. An off-color remark is NOT harassment. Harassment is a pattern of behavior, and that is not what you have described.
People have a really f*'d up idea about sexual harassment in the workplace. They should try learning the law before they start telling others what the law is.
2007-02-06 03:37:44 · answer #1 · answered by anna13 4 · 0⤊ 1⤋
The scary thing about sexual harassment is that intent is irrelevant. The only opinion that matters in sexual harassment cases is the perception and feelings of the suspected victim.
If you said something that made you co-worker feel harassed, she was harassed. Even if all you said was something innocent, such as "Wow, you look amazing today!", this is harassment if she even claims to feel uncomfortable.
However, most all companies have very specific harassment policies, and as such a typical chain of events is similar to the following:
1) a person feels harassed
2) the person addresses the offender and expresses his/her discomfort
At this point, if it stops, it is a dead issue. If, however, a second event occurrs...
3) victim reports harassment to management
4) management conducts an investigation
At this point, depending on the nature of the claim, management can do anything from "closed door" counseling, to written reprimand, to termination.
If she is claiming you said things you did not say, this is a different situation altogether and may come down to "he said, she said", which will make the management's job very difficult.
Hope this helps!
2007-02-06 03:25:55 · answer #2 · answered by disposable_hero_too 6 · 1⤊ 1⤋
Follow these two rules:
1. Deny everything. Sad to say in America these days admitting you're wrong and apologizing doesn't cut it anymore.
2. Wise up, dummy. DONT EVER DO IT AGAIN. Even if a woman at work is joking with you, don't joke back. Women are much better at bobbing and weaving in social situations, and its always the guy that ends up on the short end. I have a rule - it may be extreme but if I end up in a room alone with a woman, I get out, FAST.
In your case, I would avoid this woman as much as possible.
2007-02-06 03:26:02 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Unless she admits to lying and fabricating it, there will be a black mark on your record forever, just because of the accusation. And if the client gets upset enough, you just might lose your job if they request it.
And when you're out in the street, thank a feminist!
2007-02-06 03:22:33 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Both. You will both be spoken to separately in order to state your claims. Chances are though, you better start looking for a job. Sexual harassment is not taken lightly and can include something as simple as an 'off color' joke if the other party is offended.
2007-02-06 03:20:07 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Unfortunately, the idea of "innocent until proven guilty" no longer applies in this country. Stick to your guns but start looking for a new job. Good luck, our country has gotten way out of control with sexual harrassment laws.
2007-02-06 03:30:22 · answer #6 · answered by Goose&Tonic 6 · 1⤊ 1⤋
It sounds like it is going to come down to your word against hers...if you have worked there for longer than her and have never had a similare issue...I would put my money on you...legally, as in court, it would be her burden, as the accuser, to prove that you did...but that is in court, it depends on your company policy...good luck....try to figuire out why she would do that...maybe she is after your job...
2007-02-06 03:24:24 · answer #7 · answered by Anonymous · 1⤊ 0⤋
To tell you the true you....both...but usually what she says usually wins. It is hard to prove sorry to say and I know that iti is not right for the false accusations and I feel bad for you and sorry for her because she is lieing and she will have to deal with the thought of getting you introuble for the rest of her life....but its her fault.
2007-02-06 07:55:17 · answer #8 · answered by xxmilitarychikxx 3 · 0⤊ 0⤋
Just deny everything.
2007-02-06 05:21:15 · answer #9 · answered by Anonymous · 0⤊ 0⤋
if you have a union - consult them - if not see a solicitor asap
2007-02-06 03:23:01 · answer #10 · answered by UC BLUES -Jose 7 · 0⤊ 0⤋