5 signs that your sexual harassment case may be a dog

Between "Weinergate," the indictment of John Edwards, and the relatively old news about Dominique Strauss-Kahn and Arnold Schwarzenegger, it is obvious that issues related to sexual misconduct, including sexual harassment, are not going away. How can you, as an employer, know when a sexual harassment case is a "dog"? Here are five signs that you might want to answer "yes, please, and thank you, Sir!" when you get that EEOC request to mediate.

The accused is a member of management and has admitted to the harassment, OR he hasn't admitted it, but you are pretty sure he's guilty. This one is obvious. Maybe he didn't admit to sending that picture on Twitter, but he can't say "with certitude" that it's not him. Whatever. He's probably guilty, and even if he isn't, you're going to have a hard time persuading the EEOC, a judge, or a jury that it didn't happen.

If you have an admission, or just a terrible feeling in your gut that won't go away, your case may be a dog.

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Constangy, Brooks, Smith & Prophete, LLP on:

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