Wednesday, November 02, 2011

But, they paid a Settlement!

So, he must be guilty, right?

Republican presidential nominee hopeful Herman Cain, it is revealed, was accused of sexual harassment 12 years ago. His employer at the time, the National Restaurant Association, paid a settlement to the women who made the charges.

I hold that that fact tells us nothing.

If the public knew the truth about "settlements", I believe there would be a huge outcry against the kind of lawsuits clogging our courts.

In my career in advertising, I have witnessed events where a business is sued for some wrong-doing and said, "Bring it on", so certain were they of their innocence. Offered a chance of making a cash settlement in lieu of the lawsuit, they said "No Way!"

Then their lawyers tallied up the time it would take to successfully defend their case, and advised them to take the settlement.

Understand, please, that it costs money to practice law. Even the most rudimentary practice requires an office, utility bills, employees to answer phones, prepare complex legal documents, do research, etc. A lawyer cannot work for free and still pay his staff, his bills, etc., even if he wanted to donate his time.

So, if a lawyer computes that it will cost $10,000 to defend a case and the matter can be closed with a $5,000 settlement, the honest lawyer will so advise his client. That happens over and over and over in America. Doesn't matter if the charges are valid or just made up. Sad, but true.

But, let me speak to the fact of sexual harassment. There was a time when sexual harassment was rampant in the business world. A superior of some rank catches a secretary in the supply closet, closes the door and forces her against the wall, attempting to undress her. That was bad, really bad, and the perpetrators should be severely punished.

Some were. Some companies have paid big bucks when that sort of behavior was proven. And, quite naturally, some persons have seen charges of sexual harassment as an easy route to a big payday. Bring the charge, challenge the accused to a costly lawsuit - or in the alternative - a handsome cash settlement.

Happily for the women of the business world, the reality of harsh punishment for acts of sexual harassment has helped to minimize the practice.

No charge of sexual harassment should escape investigation. But, no charge of sexual harassment should be plastered across national news media unless and until substantiated. Especially not 12 years after the event, when the accusation can cause irreparable harm to the accused, even if never proven valid.

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