An employee terminated for just cause is accusing me of age and race discrimination

What can I do if I have be wrongfully accused of age and race discrimination?

1 answer  |  asked Apr 9, 2008 9:36 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
When You Are Accused of Discrimination or Harassment

The more usual situation is when a supervisor is accused of sexually harassing a subordinate employee.

In the past, what often hapened to this supervisor is that he (it was usually a he) got fired. The employer's thinking its usually that this is the easiest and cheapest thing to do. But an employer might decide to keep the accused supervisor is this supervisor is particularly productive for the employer.

Not long ago, there was an unusual case in the U.S. Court of Appeals for the Second Circuit, which suggested that accused supervisors might have an avenue for getting a remedy if an employer raskly acts on a false accusation. Personally, I have a lot of doubts that this case is going to have any degree of influence, but you never know.

So, my general advise is cooperate with the employer's investigation of the accusations of discrimination or harassment. Otherwise, you will have no avenue of relief at all.

An accused supervisor might have a claim against the accusing subordinate for defamation. But the complaints are likely to be considered at least qualified privileged, that is, protected by the law. As a result, any defamation claim would be very, very, very difficut to win.

posted by David M. Lira  |  Apr 10, 2008 05:05 AM [EST]

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