Legal Question in Sexual Harassment in New Mexico

Is there a statute of limitations on bringing up a sexual harassment claim?

Is there a statute of limitations on someone bringing up a sexual harassment claim. Basically, I am in the Air Force and supervise a number of troops. One of them is now bringing a verbal sexual harassment claim against me. She is saying that almost 15 months ago I made one comment to her when myself and another individual were giving her a ride home. I do not remember such a comment. She has threatened me with this about 6 months ago and I thought we had resolved it. I asked her then if she wanted to take this up the chain and she said no. Now she has an evaluation due, and I think she saw a copy, which has caused all of this to come about (atleast that is my opinion). I have been issued a no contact order by my commander while the investigation is ongoing. I thought sexual harassment was a repeated behavior not a one time comment, which for the life of me I don't remember saying. I have a spotless record in the military and am being extrememly inconvenienced over this. I have been moved out of my workcenter, as well as, restricted from many other things I enjoy doing just because I might run into one of the individuals on the no contact order. Also, is a no contact order legal? I appreciate any help you can give.


Asked on 6/18/03, 1:14 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Is there a statute of limitations on bringing up a sexual harassment claim?

Sounds like a stinker!

One of the things that they really have to drive home when you're in charge of other people (and their safety), is that you never, ever put yourself in the situation of being accused of sexual harassment. If it means that someone else had to take her home, or you get her a cab, so be it.

You have to be above reproach, as difficult as that seems, because the AF seems to have a zero tolerance policy...not that that stops harassment, but at least the penalties should make it worth watching what you say.

And, you should never assume that you know what a soldier is thinking,--men and women think differently, even on the battlefield. A comment which would be perfectly acceptable in training, can take on a different tone after hours or in a private car. It's not easy to know where to draw the line, --for anyone!

The military has specific rules about how claims are handled, which are different from civilian law.

In general, though, a comment made while off duty (out of the workplace) is not going to trigger discipline. But, in the military you're on 24-7, I suspect, and if the comment was really objectionable, then you'll just have to ride this one through.

Whatever the comment was, if it was bad enough, it may trigger military discipline, so go see your sexual harassment officer (MEO, your CO, as appropriate) and ask about the process that is happening to you, for most certainly there is an established process.

The Air Force also should have a publication where they publish rights and responsibilities for people in your situation, possible penalties and the process for investigation.

It's your word against hers....except there was a witness. That person will break the tie, so if you don't recall whether or what you said, if there's no order barring you from talking to the witness, find out what the witness recalls (WITHOUT trying to sway the person one way or the other).

But, don't do it alone, try to do it under the eye of someone you can trust. Or better yet, if you get some form of counsel, have that person do the investigation instead.

Good luck!

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Answered on 6/18/03, 1:39 pm


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