Presidential candidate Herman Cain stands accused of sexually harassing two female employees during his tenure as executive of the National Restaurant Association in the 1990s.
If one reads the original allegations, Mr. Cain was alleged to have made gestures that were not of a sexual nature, but which made the two women "angry and uncomfortable." Another story states that some board members had heard there was a complaint that Mr. Cain had invited a female staff member of the association "up to his suite" after an association event. That's it.
Mr. Cain is now currently being criticized for not responding "properly" to the Sunday article in Politico which informed an eager public of the allegations.
What some people are aware of is that during this period of the 1990s, indeed, throughout the 90s, the field of "sexual harassment" underwent a growth spurt. Legal precedent established that a company could not terminate an employee who filed any type of harassment claim (also including discrimination of any type) following the complaint, and during the entire investigation and setllement process. Of course, companies could terminate those making such complaints prior to the matters being resolved -- they do, to this day. But they will then guarantee that the complainant will receive some type of financial settlement, no matter whether their allegations are true or false. It will be easy for labor attorneys to show a connection between the complaint and termination . . . either "constructive termination" or retaliatory termination - i.e. firing the person for making the complaint. There are complex rules to follow in these cases. Mr. Cain's situation sounds as though these rules were followed to the letter.
A complaint that has little to no merit generally warrants the type of "5 figure" closure settlements that are referenced in the original article.
Mr. Cain is joined by tens of thousands, perhaps hundreds of thousands, of men, and a much smaller, yet still not insignificant number of supervisors who have been accused of sexual harassment. His situation is not unique, and even if the worst described is to be believed, his behavior (showing a woman how tall his wife was, I believe, and comparing heights with the female, inviting another female to his hotel suite) in no way rises to the legal definition of "sexual harassment."
There are two types of sexual harassment. One is much more difficult to prove than the other. The first type is quid pro quo harassment. If this occurs, it is the most serious type, and the easiest to prove. Quid pro quo means "what for what" in Latin, and it refers in sexual harassment terms to requests for sexual favors in return for a raise, in order to keep one's job, in order to get a promotion, or other direct - sex-for-desired-or-threatened results. Mr. Cain was not accused of quid-pro-quo sexual harassment.
The second type of sexual harassment is the "hostile work environment". In the hostile work environment, a pattern is required to be established that shows that activities, statements, and in some cases, visual images or verbal statements, exist in the workplace which make it impossible for the individual being harassed to continue in their job. In some cases, sexy posters put around the workplace have been found to constitute a "hostile work environment." In other cases, repeated gestures and comments of a sexual nature have been found to be a "hostile work environment." This definition is much more subjective than the obvious quid-pro-quo harassment. It is much more difficult to prove.
It's fair to say that the harassment claims of any person who has reason to suspect their job may be eliminated, or who is in trouble on the job for other reasons (work performance, receiving legitimate warnings regarding performance or practices and standards) should be considered as suspect. As this case reported on by Politico indicates a certain settlement offer was made to each complainant, and this settlement was facilitated by the Restaurant Association's counsel, and Mr. Cain has mentioned that one complainant had been reported as having on the job deficits or concerns by her supervisor (not Mr. Cain), every blessed person who's ever worked in a mixed-gender work environment in the past 25 years should know what this means.
These are trumped up harassment charges, this is the typical person on the job in trouble making a harassment complaint to get some extra money to help in their new job search.
I suffered through this myself back in the same time period. In my case, a male employee accused his female supervisor falsely of sexual harassment. People are quite unwilling to believe a man's charges of harassment against a female. The charges were ludicrous on the face of them, and the employee had received warnings about problems on the job that were completely appropriate for a supervisor to make. In his case, he was spending hours each day on the phone with his girlfriend instead of working, and was about to be written-up for this. He struck first with his absurd charges. He was tired of working anyway, I am sure, having a poor prior history of work. Three years of Workers Comp benefits for this idiocy later, guess what happened to him? Restitution of every payment and every prescription, and every wasted hour with the "therapist," and a $40,000 fine - lucky to escape jail for telling this type of lie about a lady he grieviously harmed through these total, absolute lies.
This happened to my brother under very similar circumstances, and I know two other guys also falsely accused. In each case, the accuser had reason to believe their job could be in jeopardy, either through layoffs due to finances or to poor job performance.
And we still have national media spending time on this - terrorizing Herman Cain, because heaven forbid a conservative black man should run for President. Thanks, NOW, you can do you-know-what to my considerably-shrunken rear. You're worthless.