Allegations of sexual harassment, whether true or false, could significantly ruin your reputation and career as an elected government official. Unlike several other career paths, if you are an elected government official, your job does not stick to the usual 9 to 5 work shift rule.
As an elected official, you spend some of your time in your office working on legislation and other times in your community, visiting ongoing projects or assessing areas that need improvement. Although you are an upstanding elected official and have the best intentions for the people you represent, it is easy for your words to be misinterpreted as sexual harassment, either by your office’s staff member or a public member.
Aside from causing you to lose your job, these allegations could result in a criminal conviction or make you pay damages to the accuser or victim. Whether the allegations involve sexual conversations, sending sexually explicit “naked” pictures, or undesirable kissing, having a seasoned attorney who understands how local prosecutors and judges handle these types of cases is critical.
If you or a friend is an elected government official and is under investigation or charged with a sexual harassment offense, our attorneys at Sexual Harassment Attorney would be glad to help. Do not hesitate to contact us for legal advice and legal representation if any of your office staff members or a public member has filed a sexual harassment lawsuit against you, wherever you are in California.
Sexual Harassment Offense at a Glance
Sexual harassment is any gender- or sex-based discrimination. Several behaviors can qualify as sexual harassment, and both women and men could be targets or victims. It could include inappropriate sexual remarks, unwelcome touching, inappropriate jokes, requesting sexual favors, and any physical or verbal harassment that is sexual.
Below are examples of everyday sexual harassment that can occur in a workplace:
- Flirting or gesturing with an employee.
- Ask your employees about their sex life.
- Telling lewd or sexually offensive jokes to your employee.
- Giving sexual comments about an employee's outfit, body, or weight.
- Making an inappropriate sexual gesture to an employee.
- Sharing sexually explicit videos or pictures with your employees or staff.
- Making jokes or comments about an employee's gender identity or sexual orientation.
It is illegal for any employer to engage in any of the above forms of unwelcoming sexual behavior toward an employee. That is true, even if you are an elected government official. Elected government officials include (but are not limited to) the following:
- Governors.
- Attorney general.
- Lieutenant governors.
- State senate.
If you are an upstanding elected government official and are facing an allegation as a suspect in a sexual harassment case, you should speak with an attorney without hesitation. In most cases, the alleged accuser or victim's primary aim is to secure a settlement out of court or a court verdict on the case.
Whether or not you believe the allegations are true, retaining the services of an attorney is vital to protect your best interests and increase your odds of securing a favorable outcome.
Steps to Take if You Are Accused or Charged With a Sexual Harassment Offense as an Elected Politician
The steps you will take if you are under investigation as a suspect in a criminal case involving sexual harassment can mean the difference between incarceration, paying fines and damages, and winning the case. Below is what to remember if you are facing sexual harassment allegations as an upstanding elected government official or politician:
What You Decide to Disclose to the Investigating Officers Can Apply Against You in Court
Like any other legal case, whatever you decide to disclose to investigating officers when you are under investigation for an alleged sexual harassment case can and will apply against you in court. Unless it is your attorney, you are under no legal obligation to disclose or discuss the case with anyone.
Although it is often tempting to prove your side of the story to the accuser or victim, doing so could lessen the chances of winning the case. If the accuser hates you or has a grudge against you, he/she could misinterpret your side of the story and paint you undesirably.
Therefore, you should remain quiet in this stressful situation as the alleged case investigation continues to avoid compromising your odds of securing the best possible outcome.
Avoid Retaliating Against the Accuser
While your first instinct if you are under investigation as a suspect in a workplace sexual harassment case is to retaliate against the accuser or victim, doing so could make you appear unprofessional. In particular, retaliating against the accuser could make you appear more guilty and could apply against you at trial, reducing your odds of winning the case.
Collect Your Evidence and Any Other Relevant Information
If you are under investigation as an offender in a sexual harassment case, there is a high chance the accuser or the victim has his/her evidence to support his/her side of the story. Whether you are under investigation for quid pro quo harassment or a hostile work environment, having your evidence to help your attorney build defenses to challenge the allegations is vital.
As you collect your evidence, remember to note down everything about all your encounters with the accuser to help your attorney figure out the motivation behind the sexual harassment allegations you are up against.
Retain the Services of an Attorney
If you are under investigation as a suspect in a sexual harassment case, you should retain the services of an attorney to stay on the safest side of the law. Aside from being your legal advisor, you will rely on your attorney to help build viable legal defenses to challenge the allegations you are up against for the best possible outcome.
Understanding Sexual Harassment Offense at the Federal and State Level
Sexual harassment is a crime defined by laws at the state and federal levels. Here is an overview of these laws at the federal and state level, respectively:
Sexual Harassment Definition at the Federal Level
The Civil Rights Act of 1964 established legal protections against sexual harassment. Specifically, Title VII makes sexual abuse or harassment a crime in any workplace. For the sake of this statute, “workplace” is any employer, private or public, that employs fifteen or more employees, including labor organizations, local and state government, and labor organizations.
The following behaviors or activities are illegal when they negatively affect an employee's employment and productivity and/or foster an intimidating, offensive, or hostile work environment:
- Requests or demands for sex-related favors.
- Advances or sexual behaviors that are unconsented or unwelcome.
- Mental, physical, or verbal conduct that is sexually suggestive.
According to this statute and other statutes that uphold it, sexual harassment could also occur if:
- Both of the involved parties (the victim and harasser) are of similar sexes (female and male).
- The harasser has a close, direct relationship with the victim.
- The victim still has his/her job, or he/she did not incur any financial loss.
Sexual Harassment Definition at the State Level
The FEHA (Fair Employment and Housing Act) is the statute that makes workplace discrimination based on a person's sex unlawful. According to this statute, workplace sexual harassment could include any of the following:
- Quid pro quo sexual harassment — This type of sexual harassment occurs when a person of higher rank or position (harasser) requests sexual favors from an employee in exchange for an employment benefit like promotion or preferential treatment.
- Hostile work environment — This type of harassment occurs when the harasser makes the workplace hostile, making it challenging for the affected or victim to do his/her daily activities appropriately, comfortably, or effectively.
Generally speaking, sexual discrimination cases could fall under either a hostile work environment, quid pro quo harassment, or both. Crucially, when you are an elected government official, your entire life functions as your workplace. Even a public member who does not work under your office can report you for sexual harassment or abuse.
While FEHA will not necessarily apply in this situation, sexual harassment and any other related activity in the workplace is unlawful.
Tips on How to Prevent Sexual Harassment Allegation as an Upstanding Elected Government Official
As an elected government official or politician, you are more susceptible to sexual abuse or harassment allegations because of the nature of your work and your popularity status in the community. Holding a public office or position means people could condemn and criticize you for committing a sexual harassment offense even before you receive your opportunity to prove your side of the story in court.
In other words, public condemnation and judgment as a suspect in a sexual harassment case could ruin your reputation and career as an elected government official, even if you are not guilty of the offense.
According to a 2017 poll, about sixty-two (62)% of voters argued that they would not cast their vote for any politician with a history of multiple sexual harassment cases. Therefore, to protect your reputation and career as an elected politician, you should avoid any compromising situation in any way possible.
Explained below are helpful tips that can help you avoid sexual harassment allegations as an elected politician:
Retain the Services of a Reliable Attorney
Although your political team could have one or two attorneys to help in your public office and campaigns, hiring a personal attorney who can help you avoid sexual harassment allegations in your workplace and public is a wise idea. Your attorney will ensure that you are on the safe side of the law whenever these detrimental allegations arise.
Have a Plan in Place to Handle These Types of Cases
Although you plan to perform your duties diligently as required, never assume you cannot be subject to investigation due to sexual harassment or a related offense. Hence, it is crucial to plan for the worst by implementing a plan to handle these allegations whenever they arise.
Have a Well-Thought Media Plan or Strategy to Handle These Type Cases
Part of your plan to handle sexual harassment cases in the workplace or public is to have a well-thought-out media plan for addressing the public whenever these allegations arise. As an elected government official, you should expect national and local media outlets to follow your emerging stories, including sexual harassment cases.
That means you or your office team should expect emails and calls from these media outlets to collect more information about the allegations you are up against. Having a well-thought-out media strategy to handle media personnel will ensure all media-related queries or interviews are well-handled to avoid disclosing any information that can ruin your reputation.
Implement Sexual Harassment Policies for Your Workplace
Having sexual harassment policies that you and your office employees should comply with is vital regardless of whether your office team is large or small. Having sexual harassment policies in your workplace is common sense, but it is imperative, primarily when sexual harassment allegations arise.
These policies can help your attorney mitigate or challenge the sexual harassment allegations you are up against for the best possible outcome.
Have a Clear Record of All Your Exchanges
Keeping informal notes (either typed or handwritten) about your conversations and interactions with your office staff is crucial, mainly if you believe one of them could file sexual allegations against you at some point.
Ensure these notes have dates, people involved, and the details about everything you discussed or insinuated. These notes will come into play when preparing legal defenses to challenge any sexual harassment allegation filed against you by an employee, if any.
Understand Your Surroundings
Like any other elected official, your work will likely require you to attend several private and public events. When you interact with people at these events, you should be conscious of your surroundings to avoid saying anything that someone could misconstrue inappropriately, leading to sexual harassment allegations.
How Your Attorney Can Help Challenge Sexual Harassment Allegations
As mentioned in the previous paragraph, when someone files a sexual harassment lawsuit against you, he/she is likely seeking a settlement, court verdict, or legal action against you. When that happens, you should talk to an attorney with experience handling sexual harassment cases, especially where an elected government official is involved.
Your attorney will assess and scrutinize all the facts and circumstances of your case to know whether to wait for the court's judgment at trial or settle the case out of court. If your attorney decides to challenge the allegations in court, he/she will explore many defenses that could work in your favor to secure the best possible outcome.
Below are common legal defenses that could work to your advantage at trial to secure a favorable outcome:
You Are Innocent
Most attorneys will apply this legal defense to challenge a sexual harassment charge against their client. Arguing that you are factually innocent leaves the prosecutor with the legal burden of proving that the allegations you are up against are true.
If the prosecutor cannot prove beyond a reasonable doubt that the allegations you are up against are true, the court will likely dismiss the allegations you are up against.
You Had the Accuser’s or Victim Consent
A seasoned attorney could convince the court that you had the victim's consent to engage in or perform the alleged sexual activity. However, for this defense argument to work in your favor, your attorney must prove with proper evidence that the victim was eighteen (18) years and older at the specific time and date of the alleged sexual activity(s).
You are a Victim of False Accusations
Sexual harassment is an offense ripe for false accusations. A person can file false accusations against you if he/she is seeking revenge or perhaps he/she is jealous of your political reputation and milestone. If your attorney can prove these arguments with clear evidence, the court could drop your case or reduce your penalties.
You Were Insane at the Time of the Offense
Although it can be challenging to prove, a seasoned and aggressive attorney can use insanity as a legal defense to challenge sexual harassment allegations to secure the best possible outcome.
Retaining the services of a reliable attorney is vital if you are facing allegations of sexual assault as an elected government official. A reliable attorney will not only be your legal voice in court but can also help give relevant advice on crisis management.
Your attorney will help manage your political career and public image during these challenging times to reduce the reputational damage. The attorney's qualifications, reputation, experience, and cost of services are crucial factors to consider when looking for a reliable attorney for your unique case.
Find a Sexual Abuse Attorney Near Me
In today's political weather, as an elected official, it is easy to find yourself fighting allegations of sexual abuse or harassment in your workplace or the public. If you are facing any sexual-related allegation as an elected official, you cannot overlook the need for the services of a skilled attorney.
A skilled attorney can help navigate the legal complexities that come with any allegation of sexual harassment inside the political sphere. Aside from helping you protect your reputation, our attorneys at Sexual Harassment Attorney can help you challenge the allegations you are up against to secure the best possible outcome.
We invite you to call us at 800-905-1856 to schedule your consultation with one of our attorneys, wherever you are in California.
