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Alleged harasser bites back

Salt Lake Tribune reports: “Ex-boss counters in abuse lawsuit.”

A Utah businessman filed a lawsuit of his own against two former female employees who had sued him claiming he subjected them to repeated acts of sexual abuse.

He alleged they often dressed “in a sexually revealing manner at work” and “repeatedly initiated speech and conduct that was sexual in nature.”

Causes of action include intentional infliction of emotional distress and defamation.

Hia attorney says there’s “no corroboration whatsoever” for the womens’ claims, which allege he “subjected them to ‘a constant barrage of nonconsensual, sexual touching’ as well as offering ‘offensive and unwelcome stories of his sexual exploits.’”

“No wonder victims of sexual abuse are discouraged from using the legal system or even coming forward to report abuse,” said one of the attorneys for the plaintiffs. “When a victim sues, it is now commonplace for the perpetrator to countersue to have a lever to pry into the victim’s personal affairs, to intimidate the victim and to make it more expensive for the victim to vindicate their rights against sexual abuse.”

I don’t know how commonplace it really is. It seems there’s a danger in emphasizing the alleged victims’ inappropriate dress and conduct — it smacks of an admission the defendant did respond in kind, but is attempting to justify it. (”Sure I reached down her shirt, but it was cut clear to here . . .”)

I do know it’s commonplace for women to complain of harassment while having contributed to it by their dress and conduct.

The bottom line is female employees have a right to wear what they want (subject to reasonable dress codes, of course) and talk as dirty as the guys, but they better be prepared to show they made proper complaints, etc. before suing the employer, and such conduct certainly can undermine their claim to have been offended, emotionally distressed, etc. by a hostile environment

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  • Posted by George Lenard
    on September 24, 2003

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