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Been dismissed from work for sexual harassment charges what to do.
06-Dec-2023 (In Labour & Service Law)
1) I work in BEST,Mumbai(Undertaking of Bombay Municipal Corporation) as officer.I am dismissed by imposing charges of sexual harassment.But I am dismissed by a person who is NOT from our in-house body from 'womens' sexual cell'. Can he dismiss me?Also, he is NOT appointing person .The person who dismissed me is a person who was delegated powers of G.M.Is my dismissal valid? 2) After completing cross examinations of the complainant,the first enquiry officer resigned.Then 2 nd officer was appointed and he took cross again and first cross examination was cancelled completely.Second enquiry officer dismissed me.Isnt it against natural justice?
Sexual harassment and the Rights of the Accused
What happens if the accusation is false?
Do the Wrongfully Accused have Any Rights?
When will an employer become liable for a false accusation of harassment?
What should careful employers do to respect the rights of the accused?
What should I do if I am wrongfully accused of harassment?
What's the bottom line? Will the laws protect me against a wrongful accusation?
Sexual harassment and the Rights of the Accused
Federal and state laws protect employees from harassment because of sex in the workplace. As a result, almost all employers today have policies that
prohibit sexual harassment
encourage employees to complain about sexual harassment;
provide for prompt investigations into sexual harassment complaints; and
require appropriate corrective action for violations of the sexual harassment policy.
In many cases, corrective action means immediate termination of the accused.
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What happens if the accusation is false?
Employers can take no corrective action against the accused and can even discipline the complainant for a false complaint. However, the employer runs the risk that, if the accusation was true, the victim of the harassment can take it to court. Thus, employers often take no chances. They opt for firing the accused, who has limited rights under federal and state laws to challenge their termination.
back to top
Do the Wrongfully Accused have Any Rights?
Not directly. An employer is free to terminate an employee for no reason or even a bad reason, so long as it is not a reason prohibited by law. Discharging an employee based on a suspicion of improper behavior is not unlawful, even if the suspicion is not correct. Thus, the law does not prohibit an employer from taking the easy way out of a difficult situation by terminating the accused.
However, if the real reason for the discharge is unlawful, covering up the real reason with a false accusation of harassment can lead to employer liability.
What happens if the accusation is false?
Do the Wrongfully Accused have Any Rights?
When will an employer become liable for a false accusation of harassment?
What should careful employers do to respect the rights of the accused?
What should I do if I am wrongfully accused of harassment?
What's the bottom line? Will the laws protect me against a wrongful accusation?
Sexual harassment and the Rights of the Accused
Federal and state laws protect employees from harassment because of sex in the workplace. As a result, almost all employers today have policies that
prohibit sexual harassment
encourage employees to complain about sexual harassment;
provide for prompt investigations into sexual harassment complaints; and
require appropriate corrective action for violations of the sexual harassment policy.
In many cases, corrective action means immediate termination of the accused.
back to top
What happens if the accusation is false?
Employers can take no corrective action against the accused and can even discipline the complainant for a false complaint. However, the employer runs the risk that, if the accusation was true, the victim of the harassment can take it to court. Thus, employers often take no chances. They opt for firing the accused, who has limited rights under federal and state laws to challenge their termination.
back to top
Do the Wrongfully Accused have Any Rights?
Not directly. An employer is free to terminate an employee for no reason or even a bad reason, so long as it is not a reason prohibited by law. Discharging an employee based on a suspicion of improper behavior is not unlawful, even if the suspicion is not correct. Thus, the law does not prohibit an employer from taking the easy way out of a difficult situation by terminating the accused.
However, if the real reason for the discharge is unlawful, covering up the real reason with a false accusation of harassment can lead to employer liability.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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