Does an Employee Have to Disclose a Termination for Sexual Harassment?
Sexual harassment in the workplace is illegal under federal and state law. Employers have the responsibility to take a zero-tolerance stance against sexual harassment, leading to the termination of those accused of such behavior. These workers may find it difficult to find new employment without accepting responsibility for their behavior and taking steps to improve interpersonal communication skills.
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Employment Laws
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No law at the state or federal level requires a candidate for employment to disclose the reason for his termination from a previous employer, including a dismissal for sexual harassment. However, an employer can establish a policy requiring the dismissal of potential candidates who intentionally mislead hiring officials, even after hiring the employee.
Asking thr Right Questions
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A job candidate doesn't have to answer questions the employer does not ask. Therefore, without breaching the subject, an employee could withhold information regarding problematic interoffice behavior. It may prove difficult to fire an employee after learning of previous disciplinary measures due to harassment after the fact. Although the employer is free to terminate the employee -- barring any collective bargaining agreement or other employment contract -- he may face an unfair dismissal lawsuit.
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Being Honest
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A job candidate should answer questions regarding his termination from a previous employer honestly. That doesn't mean the candidate should describe the circumstances of his termination in painstaking detail. A candidate could simply state his termination was the result of a violation of company policy. The phrase "sexual harassment" shouldn't be brought up unless absolutely necessary. It can be difficult for a job candidate to get convincingly illustrate his strengths once an employer is aware of a previous termination due to sexual harassment.
Take Full Responsibility
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A candidate should avoid placing blame on coworkers, management or company policy when describing a termination. Explaining to a hiring official or manager what was learned from an experience can ease hiring concerns related to previous terminations. Candidates can also show her personal growth as a result of the termination and how the experience has made her a stronger person as well as better coworker. The last thing a hiring agent wants to hear from a candidate with a sexual harassment termination is a lack of responsibility or acceptance -- that's a red flag.
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