The agency also cautions that it will not accept discrimination claims by accused harassers who are ultimately exonerated where the employer can show a good faith belief that its disciplinary action was appropriate, and where there is no evidence of disparate treatment. Defamation claims against unions are typically focused on statements made during the course of grievance proceedings or during investigations into the allegations. Generally, grievance proceedings are protected under a qualified privilege standard. Statements made by union officials in other contexts, however, may not enjoy such protection, particularly if there is proof of ill will or gross negligence. However, truth is always a defense.
Good faith is always a defense in qualified privilege cases.
In examining good faith, courts determine whether the challenged statements have been published more broadly than necessary, or contain more information than is necessary to accomplish the legitimate communications objectives of the privilege. Unions are in a unique position to provide education and guidance to their represented employees, and to assist in achieving a harassment-free workplace. Complaints of harassing behavior must be taken seriously. When union-represented employees are accused of harassment, fair and impartial investigation will usually reveal whether any discipline was appropriate and the union can act accordingly. D.C. She is the outgoing co-chair of the ABA Section of Labor and Employment Law's EEO Committee.