AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Sexual Harassment - Suits by the Person Accused
A law enforcement
cadet enrolled in a training academy was terminated for allegedly making
sexual remarks to female cadets as well as falling asleep in class and
showing up late. Addressing his complaint that he was improperly denied
a name clearing hearing on the sexual harassment accusations, a federal
appeals court agreed that even an at will public employee has a right to
notice and an opportunity to be heard when they are fired "in a manner
that creates a false and defamatory impression about him and thus stigmatizes
him and forecloses him from other employment opportunities." In this
case, however, the ex-cadet did not demonstrate that the sheriff had publicized
the allegedly defamatory statements about him and why he was being fired.
Bellard v. Gautreaux, #10-31266, 2012 U.S. App. Lexis 5436 (5th Cir.).
An
African-American correctional employee failed to show that he was terminated
because of his race after he was accused of sexually harassing a female
co-worker. There was no proof that the plaintiff was treated differently,
on the basis of race, than others accused of sexual harassment. Another
employee accused of harassment was not terminated, but this occurred as
a result of engaging in a grievance process to keep his job. The plaintiff,
in contrast, did not file a grievance when terminated, but instead resigned.
The court also noted that the termination was supported by an internal
investigation showing that the sexual harassment had occurred. Luster v.
Ill. Dept. of Corrections, #09-4066, 2011 U.S. App. Lexis 14730 ((7th Cir.).
S.C. Supreme Court upholds
$750,000 defamation verdict awarded to an asst. police chief against the
City Administrator. He was publicly accused of sexual harassment without
just cause. Miller v. City of West Columbia, 1996 S.C. Lexis 86, 471 S.E.2d
683. [1996 FP 132]
Article: Hope A. Comisky Esq., "Beware
of the alleged harasser - lawsuits by those accused of sexual harassment,"
12 (2) The Labor Lawyer (ABA) 277-290 (1996) -- [in Lexis Labor Library].
Jury in Philadelphia awards a teacher $250,000
compensatory and $10 million in punitive damages; plaintiff was fired for
sexual harassment, based upon an allegedly inadequate investigation. Chestnut
v. Hill School, Phila. Co. Cm. Pleas #4581 (12/12/95). {N/R}