It’s become increasingly common for sexual harassment policies to include language making “false” complaints grounds for discipline. After all, while the vast majority of sexual harassment complaints are made in good faith, you also need a provision enabling so employees who manipulate the system by making accusations that they know are baseless can be held accountable. But disciplining an employee for making a false accusation can be a form of illegal retaliation to the extent the employee acts in good faith. For discipline to be warranted, the accusation must be not only “false” but made maliciously, recklessly or in bad faith. Here’s Model Language you can adapt for your own sexual harassment policy.
Sexual Harassment – Bad Faith Accusations Policy
When you’re starting to drown between employee concerns, payroll duties and helping your CEO -- HR Insider is there to help get the logistical work out of the way.
Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...