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Legal Daily News Feature

Cain Sexual Harassment Allegations Provides Teachable Moment


By Jason Carson Wilson Decades-old sexual harassment allegations dogging Republican presidential hopeful Herman Cain provide plenty of teachable moments for human resources managers and mystery.

11/02/11 Two women accused Cain of allegedly making sexually-charged comments in the 1990swhile he served as the National Restaurant Association president, POLITICO reported. Citing human resource policy, the association declined to elaborate. The incidents in question relate to personnel matters that allegedly took place nearly fifteen years ago. Consistent with our longstanding policy, we dont comment on personnel issues relating to current or former employees, Sue Hensley, Senior Vice President of Public Affairs Communications, said in a statement. While the association remains silent, sources told POLITICO the women complained about sexually suggestive behavior that made them angry and uncomfortable. They signed agreements, which secured financial settlements, but barred them from speaking about the alleged incidents. Cain acknowledged he was vaguely familiar with the claims and said the association rectified the situation, Cain spokesman J.D. Gordon told POLITICO. However, the candidate strongly denied the allegations in a Fox News interview. I have never sexually harassed anyone, Cain said, while acknowledging claims were made. Yes, I was falsely accused while I was at the National Restaurant Association. And, I say falsely because it turned out, after the investigation, to be baseless.

With that said, several sources claim the women received fivefigure settlements. Cain claimed he was unaware whether any settlements were paid out. While the claims cast a pall over Cains candidacy, they offer some valuable employment law lessons. Eric Meyer of Lexis-Nexis Labor & Employment Law Community sheds some light on employees and sexual harassment. Meyer outlined the Dos & Donts of dealing with allegations. Give the complaint serious consideration. Determine whether if a group or victim is being targeted. Chronicle information about an alleged incident quickly and objectively. Immediately share that information with the human resources department. Monitor and support the alleged harasser and victim until further notice. With that said, there are wrong ways to respond. Ignoring accusations and blaming the victim arent options. Thoroughly investigate the allegations and incident, before alerting human resources or other officialswithout making a rash judgment. An employers approach to sexual harassment allegations sets an investigations tone. Alleged victims who feel their complaints are being taken seriously, in many cases, forgo legal actionno matter the investigations conclusion. Ironically, todays presidential politics has more than practical applications. Sexual harassment can dash White House hopes and ruin lives.

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