False Claim of Sexual Harassment

CAN MY EMPLOYER FIRE ME FOR SEXUAL HARASSMENT WHEN I DIDN’T DO IT? 

Tough question.  Usually, the answer is yes, but there are exceptions.  At will employees can be fired for almost any reason.  An employer who believes in good faith that you committed sexual harassment may fire you, and, in some cases, must fire you.

However, you may not be completely without a remedy.  The law of defamation protects you from being fired for a reason that your employer knows is false.   Also, our Second Circuit has held that an employer who believes that you committed sexual harassment because it believes that men have a “propensity” to commit sexual harassment has violated your Title VII right to be free from gender discrimination.  I have recently written about this case on my blog.  These are tough cases, but it is good to see the Second Circuit taking what I believe is a balanced approach.
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