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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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I WAS RECENTLY ACCUSED OF REVEALING MY PRIVATE AREA TO ...

Customer Question

I WAS RECENTLY ACCUSED OF REVEALING MY PRIVATE AREA TO ONE OF THE HOUSEKEEPERS IN THE HOTEL IN WHICH I WORK. APPARENTLY ONE OF THE HOUSEKEEPERS HAD INFORMED THE HEAD HOUSEKEEPER THAT SEE HAD BEEN TEASING AND JOKING WITH ME ABOUT MY PENIS SIZE, AND I WAS TO HAVE ALLEDGEDLY SHOW MY PRIVATE AREA TO HER. THIS HAPPEN 4 MONTHS AGO. JUST 2 DAYS AGO THE HEAD HOUSEKEEPER WENT TO MANAGMENT AND REPORTED THAT I HAD EXPOSED MY PRIVATE AREA TO ONE OF THE HOUSEKEEPERS. THE HOUSEKEEPER THAT WAS SUPPOSE TO HAD SAID THIS, HAS DENIED EVER SAYING THIS TO HER. THIS HAS REALLY CREATED A PROBLEM FOR ME, BECAUSE THIS NEVER OCCURRED, AND MY SUPERVISOR TOLD ME THAT I HAD COMMITTED AN ACT OF SEXUAL HARRASSMENT. DO I HAVE A DEFAMATION CASE AGAINST THIS HOUSEKEEPER WHO REPORTED THIS LIE
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 6 years ago.
Making a false accusation of criminal conduct is defamation -- slander in this case because it was made verbally. The housekeeper who you had the conversation with must have said something to someone, otherwise how would the head housekeeper know about it.

The housekeeper is not likely to have much money, so suing her is not likely to get your much. If you want to pursue this, you should consult with a local attorney who handles defamation cases.

More important, perhaps, would be establishing with your employer that this never happened. Since the housekeeper involved has admitted that it never happened, you should document this with management, starting with a written statement of what happened. If the housekeeper will also write a statement saying you did not do this, have her do so and give that to management as well.

Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and 8 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to RunTam38 CA Lawyer's Post: THE PROBLEM HERE IS THIS INFORMATION WAS TOLD TO THE HEAD HOUSEKEEPER, BUT SHE WAS JOKING AND TEASING ME, THE EXPOSURE PART NEVER OCCURRED. THE HEAD HOUSEKEEPER TOOK IT UPON HERSELF TO ADD THIS. THE HOUSEKEEPER WHO SAID SOMETHING TO BEGIN WITH COMPLETELY DENIES TELLING HER THAT I EXPOSED MY SELF TO HER. SHE EVEN TOLD THE MANAGEMENT THIS PRIOR TO THEM TALKING TO ME. BUT YET MANAGEMENT SAID I COMMITTED SEXUAL HARRASSMENT. I ALWAYS THOUGHT SEXUAL HARRASSMENT WAS DECIDED BY THE INDIVIDUAL ALLEDGEDLY HARRASSED.SIMPLY PUT, THIS LADY LIED
Expert:  Jim Reilly replied 6 years ago.
Unfortunately, even joking about sexual matters with a person of the opposite sex can be considered sexual harassment, even if you never did anything physical (such as exposing yourself).

From what you've said now, it seems that the head housekeeper embellished the story, which could be considered defamation since the embellishment never happened.

Because she is a supervisor, it is possible that you have a claim against the hotel in addition to the head housekeeper. I suggest you consult with a local attorney who handles this kind of case.

And no, sexual harassment isn't necessarily decided by the person who was allegedly harassed. If there is evidence of harassment, an employer not only can but should act to prevent further harassment.

Jim Reilly
Customer: replied 6 years ago.
UNFORTUNATELY THIS INCIDENT OCCURRED IN EXCESS OF FOUR MONTHS AGO, THE HOUSEKEEPER AND MYSELF DO NOT GE ALONG. I BELIEVE SHE DID THIS OUT OF MAILICE. THE OTHER HOUSEKEEPER HAS ADVISED ME THAT SHE WILL ALSO DO AN AFFIVIDAVIT STATING THAT THIS INCIDENT NEVER OCCURRED. THIS LIE HAS ALSO GOTTEN BACK TO ME FROM SEPERATE PARTIES OUTSIDE OF THE HOTEL. SO YOU SEE, FOR THE PAST FOUR MONTHS, SHE HAS TOLD FRIENDS OR WHOEVER. THIS HAS REALLY CAUSED SOME MENTAL ANGUISH AND SOME COMPLICATIONS WITH MY WIFE. DO I HAVE A CASE AGAINST THIS INDIVIDUAL, SHE WILLINGLY AND KNOWINGLY LIED, AND SHE MAY HAVE EVEN WRITTEN A STATEMENT FOR THE MANAGEMENT, THIS I AM NOT SURE OF. ALSO THE OTHER HOUSEKEEPER IS VERY ANGRY FOR HER GOING TO MANAGEMENT ON SPEAKING ON HER BEHALF, BECAUSE SHE DID NOT REQUEST HER TO DO THIS
Expert:  Jim Reilly replied 6 years ago.
Yes, as I said, you have a claim against the head housekeeper and because she is a supervisor (management) you may even have a claim against the hotel itself (which would be good because they will have both insurance and the ability to pay damages).

I would definitely contact a local attorney who handles this kind of case, many of whom will take it on a contingency basis. This means that you pay no fees unless you win, then the attorney gets a percentage of the recovery.

Jim Reilly
Customer: replied 6 years ago.
I WANT TO THANK YOU. YOU HAVE BEEN VERY HELPFUL. I WILL TAKE YOUR ADVISE AND HIRE AN ATTORNEY. EVER NEED ANYTHING MILITARY RELATED, EMAIL ME
darrell_0131@hotmail,com

YOU HAVE BEEN GREAT
DARRELL KESSINGER
STARS AND STRIPES
HISTORICAL MILITARY STORE
Expert:  Jim Reilly replied 6 years ago.
You're welcome, Darrell, and thanks for the bonus. Much appreciated.

I am a Navy brat (Dad is a retired GMCM) and graduate of West Point, Class of 1967. I took an interservice commission in the Navy and served from 1967-1971, including a tour of duty in Vietnam (Nov '67 to Nov '68). My youngest son is an Army Sgt, currently serving his second tour of duty in Iraq.

I collect military challenge coins; do you handle them?

Thanks again.

Jim Reilly
Customer: replied 6 years ago.
YES SIR I HAVE SEVERAL DIFFERENT VARIATIONS OF CHALLENGE COINS. TELL ME WHAT YOU LIKE. I RETIRED FROM THE ARMY IN 2004, SERVED 30 YEARS. I SERVED IN DESERT STORM. I DID A TOUR IN IRAQ AND AFGHANISTAN. I RECEIVED A PURPLE HEART AND SOLDIERS MEDAL PRIOR TO RETIRING
Customer: replied 6 years ago.
I FEEL THAT THE ACTION OF THIS HEAD HOUSEKEEPER HAS CREATED A VERY HOSTILE AND UNDESIRABLE WORK CONDITIONS FOR ME. I DON'T SEE HOW I CAN POSSIBLE COEXIST WITH HER AS A COWORKER. WHAT DO YOU SUGGEST
Expert:  Jim Reilly replied 6 years ago.
A hostile work environment based on harassment can also give rise to employer liability. There is a good summary of the harassment laws on the U.S. Equal Employment Opportunity Commission website at:

http://www.eeoc.gov/types/harassment.html

If the harassment is based on any of the so-called "suspect classifications", it is unlawful. That would include sex, so if you are being harassed because you are a male, you would come within the Title VII protections. Take a look at the webpage section entitled "Employer Liability for Harassment" in particular.

There is also a link on the right side of the page for information on filing a discrimination claim. The EEOC will conduct an investigation. I think it is worth checking into this first and seeing what assistance the EEOC can provide. You can always pursue civil remedies at a later time (though you might still want to contact a lawyer soon just to get more specific information on the possibility of filing a civil claim).

I salute you for your years of service and, in particular, for earning a Purple Heart, the one medal none of us ever wanted!

I will contact you via email re challenge coins.

Jim Reilly

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