What are the rights of someone accused of sexual harassment?

My husband is being accused of sexual harassment by a customer and is being suspended from work. Does he have the right to know his accuser? Can he sue the accuser for slander, defamation of character, and lost wages?

Asked on August 26, 2011 Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) Your husband has no rights to not be suspended, unless there is an employment contract guarantying a certain process or procedure for suspensions. He also has no right to face his accuser, unless he sues her (see below). Due process and the constitutional protections (right to face accusers, etc.) apply to courts, not to private employers and their job decisions.

2) If he believes that the allegations made against him are untrue, he may have a cause of action for defamation, since defamation is the public making (so to even one other person) of untrue factual statements which damage a person's reputation and/or cause others to be less likely to work with him. If this is the case, he may be able to sue for lost wages and other damages. Your husband should consult with a personal injury attorney.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.