Legal Question in Employment Law in California

False Sexual Harassment Claim
A female co-worker of mine made unwanted advances to me several months ago. After I rejected her, she made a claim to the HR dept that I was harassing another female employee. The claim was proven false to the HR dept by both the other female employee and myself. The accusing employee has not been disciplined for her actions. I am concerned that it is just a matter of time until she makes another false allegation. I am unable to function 100% at work because I concerned for my job as well as my safety. Do I have any recourse?

Asked on 9/02/05, 2:00 pm

2 Answers from Attorneys

Patrick Turner Patrick E. Turner Inc. APLC

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Re: False Sexual Harassment Claim

Most likely not. You took all the right steps by not getting involved with a coworker and disapproving the false allegations. Although arguably you have been defamed by the rejected coworker, complaints of sexual harassment are protected; you would have to be able to prove "actual malice" in order to win a defamation claim against the coworker. The issue has been documented with the HR department, and hopefully all future claims made by this rejected coworker will be evaluated in light of her prior false claim. Finally, she may have been disciplined, but you were not informed to protect her privacy.

Answered on 9/08/05, 12:40 pm

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