What to do if you are accused of workplace harassment

An accusation of sexual harassment or sexual assault will induce feelings of fear or anger, sometimes disgust or indignation.  Rather than hunkering down in the hopes this will all just go away, acknowledge these strong emotions.  Once you have done so, heed the voice of logic and reason calmly to:  Protect your rights, avoid the appearance of impropriety, and understand the process that will unfold.

Protect Your Rights

Do your best to move quickly to avoid the worst case scenario:  The complaint against you being  publicized widely and your guilt established without your side of the story making a meaningful difference to the entrenched narrative.  

Therefore, as soon as you hear of a complaint against you, speak to the person(s) who were informed about the complaint or who will take over the investigation.  Remind them that your privacy is important. Get a commitment from them:  You will co-operate in this process and they will protect your privacy (just as they will protect the complainant’s identity).

Ensure that you will be fully afforded an opportunity to give your side of the story.  Ask for details:  Will you receive a copy of the complaint against you?  When and where will you meet?  Who will be present?  Will it be recorded or transcribed?  Will you receive a copy of the recording or a written statement?

If the answers to these questions are not to your satisfaction, ask why.  Provide alternative suggestions - at all times, as much as possible, make sure that your suggestions are consistent with your employer’s objectives.

Be sure to confirm these details in writing. But only address your communications to those persons who collect evidence or make decisions regarding the complaint.

Avoid the Appearance of Impropriety

Investigations into harassment or assault allegations of a sexual nature can take days, or even weeks, to complete.  In the meantime, once you have protected your rights (as detailed above), keep a low profile. You must treat this situation seriously, not just for appearance’s sake, but for the future of all involved, especially your own.

At all times, be respectful, and avoid sounding defensive. Be pleasant and friendly as required, but avoid contentious topics. Minimize or avoid prolonged one-on-one interactions, for example, using elevators (take the next elevator if only one person is in the cab already). Have at least one other person present as much as reasonably possible (for example, if driving to a work event, make your own way there and back, and do not offer a ride to someone else).  Keep personal contact to shaking hands or fist-bumping for the time being, and otherwise refrain from touching others. Take extra precautions when travelling for business.  Your behaviour will be carefully monitored, so be aware and conduct yourself professionally to avoid further disciplinary action wherever possible.

Understand How the Process will Unfold

Employers are aware that the pendulum has swung in favour of complainants in recent years.  While understanding that reality, do not forget that your employer has an agenda that is distinct from that of the complainant (and you).

Co-operate with your employer’s efforts to ensure that there is no direct communication between you and the complainant(s).  

Object in writing if your employer suspends you during the investigation, with or without pay.  Point out that a suspension effectively conveys a finding that you were to blame, even though the investigation is ongoing.  If you wish to keep your job, state that you are nonetheless prepared to continue your employment.  If not, consider bringing your claim for constructive dismissal.  Consult with a competent employment law lawyer in this regard.

Like an owl perched in a tree, be aware of what is happening.  Determine who is prepared to vouch for you.  Ask these persons to provide their evidence to the investigators, and give you a copy of the same.

When you are called to present your side of the story, be prepared.  Do a trial run beforehand with a trusted friend or family member.  Record what is said.  If needed, take a moment before answering a question.  Take a break, if necessary.  Enquire about who has and will be interviewed.  Suggest the names of those persons who can vouch for you, specifically mentioning how they can add useful information.

After you have presented your side of the story, get back to work.  Contribute to your employer’s success as best as you are able.  

Remain watchful, but be patient.  This could take a long time.  Look after yourself, and reconnect with friends who care for you.  If you are not feeling well, take a day off, and seek help from your doctor if your sleep is disrupted or you are having difficulty coping.

You can expect that your employer will decide to fire you, vindicate you, or punish you short of termination.  If you are fired or otherwise punished, you would be wise to consult an employment law lawyer.  If you are vindicated, ask questions:  Will any communication be sent to employees and, if so, what will it say? If not, why not?  Will you be permitted to have full contact with all personnel?  Will your work responsibilities be altered in any way?

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At all times, as best as you are able, stay hopeful.  If you do lose your job, there are other employers willing to give you a chance.  When you find new employment, dispense with the disappointments of the past.  A new opportunity awaits you.  Seize it.

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