Sexual Harassment/Sexual Harassment

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Question
Hello,

We hosted a party at our home a while ago and have just been informed of a guests intent to sue us for a slip and fall that they claim happened on our proptery.  

We have substantial evidence that shows this person continuing on throughout the night without making anyone aware he was injured, and having made numerous comments about his poor financial state.  Needless to say we think the claim is bogus.

During this night however, he and his wife made several inappropriate comments and physical advances towards myself, my husband and other guests.  I just wanted to know if this was considered illegal to send them a letter of intent to sue for sexual harassment if they pursued their slip and fall claim.

Am I wasting a lawyers time by checking into this?  I don't really want to sue. I just want their false claim to be dropped.

With thanks

R.

Answer
Riley,

I am not sure how the law is sructured in Ontario but in the USA sexual harassment is unwelcome behavior of a sexual nature that affects employment.  Otherwise it would either be harassment or assault.  I am not a lawyer so it is best to check with a civil attorney on that charge.  I would not feel it would be relevant to coerce another to not do something by a threating action that is not relevant to the other suit.  I am sure that any attorney would agree to that plus it would also appear to a judge that you are merely retaliating (even if true) because someone was bringing an action against you.  Also whatever you do in that regard would be considered "discoverable" by the other side's attorney who is suing you for slip and fall.  I would consult with your attorney and concentrate your efforts in the slip and fall.  You should also run this sexual behavior situation by them but would be surprised if they would agree to pursue.  

John

Sexual Harassment

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John Fuller

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I can answer nearly every question pertaining to prevention of sexual harassment, definitions of sexual harassment, workplace harassment inside and outside of the workplace, quid pro quo harassment, hostile working environment, reporting procedures and responsibilities, how to recognize and respond/report to sexually based inappropriate comments.

Experience

Diversity, EEO Officer and Investigator for Johns Hopkins Hospital EEO Compliance Manager for Fortune 300 Corporation Deputy Director for Equal Opportunity for Department of Defense Equal Opportunity Management Institute

Organizations
Board of Directors, National Council for Support of Disability Issues Board of Directors, Institute for MultiTrack Diplomacy

Publications
Guest expert on over 45 radio stations nationwide discussing the subject "Hot Buttons in the Workplace; sexual harassment" Do you know the limitations?

Education/Credentials
Doctor of Education Master of Science in Leadership & Business Ethics Master of Arts in Educaiton Florida and Virginia Supreme Court Certified Mediator Department of Defense Certified Mediator EEOC Certified Investigator

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