Legal Question in Sexual Harassment in California
Employee against Supervisor
Can a female supervisor be sexually
harassed by her male employee? If not
and the incident cannot be proved
because of a he said, she said. What
rights does a female supervisor have on
her side?
2 Answers from Attorneys
Re: Employee against Supervisor
A supervisor, whether female or male can be sexually harassed by his/her subordinate. I cannot speak to the rights of the supervisor because I do not know the facts of this matter. Should you wish to discuss this further, please feel free to call my office at 818.385.0520.
Re: Employee against Supervisor
Sexual harassment and creation of a sexually hostile environment can be by any employee against any other employee. If she can't prove it happened, so be it. But, the company is obligated to investigate it thoroughly, talk to witnesses and co-workers, and take 'appropriate action' that might include a warning memo to all employees that such conduct won't be tolerated. If there is no way of showing it happened, they can't discipline the offender, although the supervisor's word does count for something, and must be given some credibility.
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