I don't think there is any hard data on this question given the subjective nature of the inquiry, but as a defense lawyer who has practiced in this area for well over a decade, I will say that very few sexual harassment claims are completely unfounded. That is to say, I think the percentage is in the low single digits where the facts are completely manufactured by the complainant.
However, I do think that a larger percentage of sexual harassment claims arise from misunderstanding, as opposed to evil intent, than most people would predict. In fact, in defending clients in these types of claims, I have yet to have a client confide to me that they knew what they were doing and elected to proceed anyway. Most people engaged in conduct that later becomes the basis for a complaint of sexual harassment are simply clueless to the fact their actions are creating an issue for fellow employees in the workplace. For that reason, I encourage people to speak up when they experience conduct or commentary in the workplace that they find offensive to them based on a protected characteristic (sex, race, sexual orientation, etc.). Often, the person engaged in the questionable workplace conduct simply needs some patient enlightenment to realize that they are treading on dangerous territory.
Lastly, I think there is a high percentage of sexual harassment claims that are based on unpleasant, even boorish, conduct, but stand little to no chance of ever arising to the level of "severe and pervasive" as is required to succeed on a sexual harassment claim in court.
Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.
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