What is the legal threshold on the Dr. Ford allegations?
I have dealt with work place grievances, including hostile work environment and sexual harassment cases, as a union official for nearly 20 years.
As far as discrimination goes, I have worked on individual cases on both sides of the issue (of course, not at the same time).
I find the Kavanaugh case to be that kind of situation. Ignoring the timeliness factor for a current employee, which is 300 days in a discrimination case in Massachusetts, the threshold for a finding is "what is most likely to have occurred". In grievances and arbitrations, I have to tell my member that the other side does not have to find "beyond a reasonable doubt." In many cases, there are no witnesses, or conflicting witnesses. A third party (first, from the employer's side and then, if necessary, a third party arbitrator) will listen to both sides, read the facts as compiled by both sides, and make a determination based on their best judgement.
We should all keep that threshold in mind during the discussion of this case. It is a very low bar for the accuser. Any credible accusation causes discipline for the accused, I have found.
Since Kavanaugh is not losing his freedom, or even his current job, this case is more of a promotion situation within an origination. Dr. Ford's accusation would be taken seriously, the company would do its due diligence in finding facts, interview both parties and come to a determination on what is most likely to have occurred. Since the accused is not losing his job, any close call would go to the accuser, since the promotion is to a highly sensitive and senior position.
In a case like this, if I was defending Kavanaugh as a union member and he was keeping a very good lifetime job, but losing an opportunity for promotion, and he had a credible, well respected accuser, I'd advise him to withdraw. That, of course, is assuming everyone in the decision process is unbiased.
However, in this case, Kavanaugh has an advantage in that the people determining his fate are biased in his favor.
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