Q: Hi. I falsely admitted to a sexual harassment accusation in order to diffuse a situation. Am I screwed if it goes public
A few days ago I had a kickback with a few guy friends and one female friend. We were drinking and in the night the female friend passed out drunk. I had to pick her up and move her to get a charger and blanket she was sleeping on. The next day after she leaves she starts accusing me of crazy things and overall sexual harassment and how she saw my face. It was basically a he said she said situation where she would obviously win being a female. I was worried she would make it public if I didn’t “apologize” to her so in the heat of the moment I falsely admitted to it over text in order to diffuse the situation. I have voice recordings explaining my thought process leading up to falsely admitting it. Now obviously I am terrified because it’s a literal admission of guilt. If this does end up going public then it really doesn’t look good for me on paper. I’m just wondering if my voice recordings and friend testimonies are enough to save me here. Thanks and sorry for the long read
A:
I noticed that you posted from Boston. I practice in New York.
You definitely must consult an employment lawyer in the state where the event occurred or where your primary workplace is located. The laws of one or possibly both states may apply.
Under New York's Executive Law which is also called the Human Rights Law there is individual liability plus organizational liability for serial harassment. And the victim or subject of the harassment does not even have to report it to the employer or HR. And may be able to pursue an action for up to 3 years from the event.
Consult employment lawyers ASAP before doing anything else. Speaking with the victim now could eggravate the entire situation even further. And whatever you do ask an employment lawyer before you act about what happens if you interfere in any investigation or take any action on evidence, i.e. your phone or its data.
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