What is a Defense to a Harassment Claim Against an Employer?

If two employees of equal status and power engage in a relationship, you are not expected to do anything about it.

If you’re running a business in Los Angeles, the last thing you need is to be dragged through a sexual harassment trial because of something incredibly minor that happened at your workplace. Unfortunately, we live in an age in which people have become incredibly sensitive – and even the slightest touch or comment can be interpreted as sexual harassment. So what can do you do to protect your business? How do you avoid paying out thousands or even millions of dollars in settlements to accusers? What are some possible defenses to harassment claims?

To answer these questions, you’ll need to get in touch with a qualified, experienced sexual harassment attorney in California. These legal professionals have plenty of effective defense strategies up their sleeves, and they can guide you towards a positive legal outcome. During your initial consultation, you can explore your options alongside your attorney and protect your business in the best possible way. 

Your Responsibilities as an Employer

In order to face legitimate consequences for allowing sexual harassment to occur in your workplace, prosecutors need to prove that you were guilty of serious negligence. This what they’ll need to prove:

• You failed to take reasonable steps to address the harassment
• You failed to take reasonable steps to prevent the harassment
• You failed to use reasonable corrective and punitive measures
• If you had acted more reasonably, the sexual harassment wouldn’t have happened

Potential Defenses

There are many potential defense strategies you could utilize in this situation. Firstly, you could show that you were never made aware of the harassment in the first place. If you were never aware of the harassment, you cannot be expected to take any steps to address the issue. If you don’t know what’s happening between your employees, then how can you be held accountable? Many alleged victims claim that they were afraid to speak out and file a report due to shame and embarrassment. But that’s beside the point, and you cannot be held accountable for failing to act if you never knew harassment was occurring in the first place.

Another strategy might be to show that the relationship was actually consensual. Now, this is a tricky one, because you can be held accountable for quid pro quo harassment even if the relationship was consensual. Quid pro quo harassment is when a supervisor, manager, or anyone in a position of power engages in a relationship with a subservient employee. This is always against employment laws. However, if two employees of equal status and power engage in a relationship, you are not expected to do anything about it. As long as the relationship is consensual, you cannot be held accountable for allegations of sexual harassment that stem from this relationship. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching the Los Angeles area for a qualified, experienced sexual harassment defense attorney, there are many legal professionals waiting to assist you. With their help, you can explore a wide range of defense strategies before facing the accuser in an efficient, confident manner. You shouldn’t allow a baseless accusation to destroy your company – even in an age when even the slightest offense can lead to ruined reputations and bankruptcies. Book your consultation today to learn more about your legal options.