Legal Question in Employment Law in California

Disclosure of sexual harrassment to employees

A male employee was fired for sexually harrassing several female coworkers. Despite being warned to cease behavior several times it continued. Female employees were fearful. Are we obligated to disclose our concerns to potential employers?


Asked on 10/20/06, 1:16 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Disclosure of sexual harrassment to employees

If you're the employer that fired him, you would be well advised to consult with experienced counsel for an in depth instruction in your obligations. There are risks to disclosing, and to not disclosing. This is not something that you should decide based upon anonymous free 'advice' from here or elsewhere. Feel free to contact me if interested in doing this right and getting some training; I've been a specialist in this area for over 20 years.

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Answered on 10/25/06, 2:39 pm
Beth Mora Cooper & Mora, A Professional Corporation

Re: Disclosure of sexual harrassment to employees

I would be very careful - comply with your employer's reference policy. Most employeys in California have a "no comment" reference policy where they only confirm the dates of employment, the title and rate of pay. They don't even confirm if the employee was terminated or eligible for re-employment.

Saying more, good or bad about the employee, could open you and the employer to tort liability for falsely positive references as well as negative refrences.

I would speak to your employer's human resources about the company's policy and comply thereto. Failure to do so could also lead to discipline or even your own termination.

I do understand your desire to protect other female victims, this is honorable. Nevertheless, you must allow your employer to take the lead on this matter.

Good question, great concern, best of luck.

Sincerely, Beth Mora

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Answered on 10/25/06, 2:39 pm


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