Many victims of workplace sexual harassment tell the same frustrating story: Their harasser got fired, but then he landed a plum new job in the same industry. In 2016 Reuters terminated a senior editor after his subordinate filed a sexual harassment complaint. Not long after, that editor was hired as an executive at Newsweek. In 2012 the Red Cross asked an official to resign after it investigated allegations that he had raped one of his subordinates and sexually harassed another. Nonetheless, that official received “very positive references” and went on to a top job at another nonprofit, Save the Children. After these stories hit the news in the wake of the #MeToo movement, both accused harassers lost their new jobs.
If You Fire Someone for Sexual Harassment, What Do You Say If You’re Called for a Reference?
What the law says and what managers need to know.
March 27, 2018
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Summary.
Many victims of workplace sexual harassment tell the same frustrating story: Their harasser got fired, but then he landed a plum new job in the same industry. So does a former employer have any duty to disclose allegations of sexual misconduct to a reference checker? If not, how can serial harassers be stopped? What sort of due diligence must a prospective employer do to determine the truth of allegations of sexual harassment? Does an accused job applicant have any sort of “due process” rights in this situation? There are no easy answers to these questions. While the law may not provide definitive guidance, a look at the legal landscape can help to further the conversation about how to stop sexual misconduct, harassment, and assault — while also ensuring fairness to the accused.