When we train clients on harassment and discrimination law, we preach against the use of stereotypes at work. For example, assumptions about working mothers — frazzled, overextended, in need of a break, etc. — however well-intentioned, are illegal, plain and simple. What about the stereotype of men as probable harassers? Just as illegal, according to the Second Circuit in Sassaman v. Gamache, Dutchess County Bd. of Elections and Dutchess County, decided May 22, 2009.
In Sassaman, after the male plaintiff was accused by a female co-worker of sexual harassment, he was asked to resign. Rather than conduct an investigation into the allegations, the plaintiff’s supervisor stated he was afraid he would get sued by the complainant, adding “besides you probably did what she said you did because you’re male an nobody would believe you anyway.”
The plaintiff sued for sex discrimination based on illegal stereotyping. Though the district court granted summary judgment for the defendants, the Second Circuit reversed, holding that the statement about men’s propensity to harass women was indicia of discriminatory intent. The employer’s second mistake, which also contributed to the ruling, was failing to conduct an adequate investigation into the charges of harassment.
The upshots: Don’t make assumptions, especially about the sexes. Remember, being male is a protected category too. And, always investigate thoroughly (or hire outside investigators) when it comes to allegations of harassment. Employers owe this not just to the accuser, but to the accused.
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