Legal Assistance for False Accusation of Sexual Harassment

Questioner

What steps can be taken if there is a false accusation of sexual harassment by a colleague and the company is still investigating? Are there things that the falsely accused can also do or should take into account? Is it wise to seek legal assistance or is it better to wait for the company's decision?

Lawyer

Your employer is expected to conduct a proper investigation into the accuracy of the accusations, and you have the right to be heard. If there are internal regulations, the employer is legally required to review them. It may be wise to engage a confidential counselor to be on the safe side. Have you been suspended because of this accusation? There must be an objective justification for this. An accusation such as this can be such a justification. It is important for you that your period of inactivity does not last too long. If this lasts longer than a week, it is advisable to demand that the investigation is completed quickly and that you are allowed to return to work. For this, the assistance of a lawyer may be advisable. Sexual harassment already exists in the case of behaviour with a sexual connotation that has the purpose or effect of violating the dignity of the person. (Parliamentary Papers II 2004/05, 30 237, no. 3, p. 12 (MvT).) According to the European law definition of sexual harassment, the intention of the actor is not decisive, since this also includes behaviour that results in violating the dignity of a person. Whether this is the case can be determined objectively within certain limits. In assessing the seriousness of the contested conduct, it may be relevant whether it has a sexual connotation for the person who committed it: HR 10 July 2009, LJN BI4209, JAR 2009/ 202, NJ 2010, 128 (Leprosy Foundation). In this case, a director pinched an employee on the buttocks and used the word 'darkroom'.