Legal Question in Employment Law in California
My employer has put me under investigation for allegedly "actively trying to recruit a fellow associate to join in the swinger lifestyle with my husband and self" while interviewing fellow associates my employer is telling them about my personal life that would have otherwise remained private and making my work environment very hostile.
2 Answers from Attorneys
I would need more fact on "under investigation" statement and also more details on what the employer is stating about personal life. Please feel free to email [email protected] with details and I will give a confidential answer.
Hostile work environment does not mean the same thing in law that it does in regular conversation. It is a legal doctrine that allows a person who has not faced overt or direct discrimination based on a protected classification (race, religion, gender, etc.) to still sue for harassment or constructive discharge based on a discriminatory work environment. Think a woman cashier in an auto repair shop where the mechanics are allowed to make sexist jokes, and post nudie pictures in the office and break room; or an office where the one black employee is subjected to racist comments and jokes. Nothing in your private life that you bring into the office, or allow your employer to know about, is private. Sorry. This includes your emails and phone calls.