I am being complained about for sexual harassment that happened 2 years ago. What are my rights?
The accuser is a co-worker. She and I have talked about it before and I already asked for forgiveness and told her that if she’s gonna complain I won’t object, not because I admit to the incident but because I was too drunk to remember. She forgave me and eventually we become friends. In the past 2 weeks we had a disagreement–not sexual related but with regards to our work–and next thing I knew she filed a complaint against me for sexual harassment with HR of our company. What are my options?
Ann Kiernan replies:
While there are statutes of limitations which define how long someone can wait before bringing a court or EEOC proceeding, those limits do not apply to internal investigations by an employer. So, they can certainly pursue an investigation now, even though the event happened more than two years ago.
Best practices call for a thorough and fair investigation by a trained, neutral investigator. You should be able to tell your side of the story, and to ask that the people you name as witnesses be interviewed. After the investigation, your employer should take disciplinary action only if the investigation provides a good-faith belief that the allegations are true. There need not be proof beyond a reasonable doubt, as required in a criminal case—the standard in civil matters is the preponderance of the evidence: Is it more likely than not?
If this was a one-time minor infraction that happened two years ago, perhaps the most appropriate discipline would be a written warning or something else short of termination. While your employer does not have to allow you to have an attorney during the investigation, you may well want to consult with experienced employment attorney for advice on how best to handle the matter. Good luck.
Posted 11-18-2019
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.