Legal Question in Employment Law in California

laws on harassment, enforcing policies fairly

Hi

10 days ago I was called into H.R. and told that there

was allegations of Sexual Harassment made against

me. I was immediately suspended . I understand that

they can do whatever they see fit. Here is my question

though.

During the time I have been suspended, one of my

assistants called my to tell me that another employee

in my same department had serious harassment

charges brought against him, in fact a 3 page letter

documenting racial discrimination and intimidation,

sexual remarks, etc.

The company has apparently just given this individual a

verbal warning, no suspension, no investigation, in so

many words they have ''squashed it'' Arent they

supposed to be consistent in their discipline, equal

punishment for equal crime? Do I no have a case for

discrimination here?

Please let me know


Asked on 7/03/05, 7:34 pm

1 Answer from Attorneys
Patrick Turner Patrick E. Turner Inc. APLC

Re: laws on harassment, enforcing policies fairly

The employer's obligation, when confronted with a complaint of harassment is to take whatever steps necessary to end the harassment. Invariably, this results in different actions depending upon who and what is involved. As a general rule, an employer does not have to give the same discipline to all employees for the same infractions.

However, it is discrimination, if the reason why an employer is treating an employee differently is because of the employee's membership in a protected class (I.e., Disabled, older, different national origin, etc.)

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Answered on 7/05/05, 5:22 pm


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