DISCLAIMER: This post gives a general overview of how a workplace sexual assault allegation might play out. It is not legal advice, and I am not your attorney. If you require information or advice applied to your unique situation, please make an appointment to discuss it with an attorney in your jurisdiction.
Businesses regularly face many challenges that demand careful consideration and decisive action. As Kim discovered, sexual assault allegations against employees can be among the most challenging to navigate.
A Complex Web of Concerns
Kim was a conscientious small business owner who hired Taylor and Tyler knowing they had dated. What he didn’t know was that Taylor had previously accused Tyler of sexual assault. While the alleged incident occurred before their employment with Kim’s business, he was acutely aware of his responsibility to create a safe and inclusive workplace. That’s why he called us.
Understanding the Legal Landscape
Kim was understandably concerned about the legal liability he and his business might have. Because the employees were not working for him at the time of the alleged conduct, we were confident he had no liability for the past conduct. However, there were risks of future misconduct, not specifically because of the allegations against Tyler. Any of his employees could engage in such conduct or be victims of it.
We considered variables such as:
- Would the former couple have to travel or work late together?
- Were alcohol or other intoxicants served at business events?
- Did Kim’s business have a culture that allowed boundary violations, physical touching, or inappropriate joking?
- What other circumstances might encourage behavior he didn’t want in his business?
As we identified the potential risks, we eliminated the ones we could and installed protections against the ones we couldn’t.
Exploring Implicit Bias
Kim called again within a week. He could tell he now felt more protective of Taylor, a woman, and less trusting of Tyler, a man. We discussed the biases driving these feelings, allowing him to feel and free them. Then, we discussed his role as the employer in this situation. He was not a judge. No complaint or lawsuit had been filed. There had been no finding that Tyler had done what he was accused of.
Kim had to put his biases and judgments aside, so he could be fair and impartial in his treatment of both employees. We helped him do this by summarizing the potential legal issues and role playing the conversations he expected to have with each of them. Back at work, he didn’t initiate these interactions, but the role plays allowed him to feel prepared for whatever versions of them he might encounter. We made it easier for him to take effective actions when the times arose, and they did.
Taylor approached Kim several times about her allegations against Tyler. She thought Kim knew and hired Tyler anyway. That made her feel betrayed and unsafe, which could have affected her work if Kim had not confronted the situation with such compassion. Because they discussed the situation transparently, she understood his need to remain neutral when managing their work. They also discussed the potential safety issues and his commitment to fairness for everyone involved, including their co-workers.
Moving Forward: A Balanced Approach
Kim’s story serves as a poignant reminder of the complexities that can arise when managing sexual assault allegations in the workplace. Navigating these challenges requires a balanced approach that:
- Analyzes legal duties and any breaches of them
- Acknowledges implicit biases, and
- Embraces a full range of conflict resolution strategies
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