Legal Question in Employment Law in California
Sexual harassment
Are the Accuser and acused supose to both be suspended so that neither would ''tant'' the investigation? What legal action can I take against the company?
2 Answers from Attorneys
Re: Sexual harassment
Once an employee complains of sexual harassment, an employer is required to conduct a good faith investigation into the allegations. There is no requirement that anyone be suspended, but if it is considered necessary, to avoid tainting the investigation, the employer may do so. It would be highly suspicious, however, if the complaining employee were suspended without pay, or had any other adverse action taken against them. The law forbids the employer from taking any retaliatory action against a person who complains of illegal harassment or discrimination.
Re: Sexual harassment
Sexual harassment is a very serious charge. The employer would need to conduct a reasonable investigation. Whether or not to suspend both employees involved is a decision for management to make. However, it should give you an idea which way the employer is leaning. I am very interested in taking on a sexual harassment case. Please contact me directly at (619) 222-3504.