Legal Question in Employment Law in California

if a supervisor feels sexually harassed isnt she supposed to report it immediately? in california supervisors are trained in sexual harassment.The incident took place on march 28th but HR investigation dont begin until April 25th.She reported it AFTER the manager was informed of a complaint against her made by the person the supervisor accused of sexual harassment.HR should have been able to see she had motive for false accusation.HR did not do a thorough investigation and could not be impartial cause one of the investigators was the manager.


Asked on 6/21/11, 6:54 pm

2 Answers from Attorneys

Isi Mataele 'Isi Mataele Attorney at Law

There are law protecting people from sexual harassment. An employer must (1) take reasonable care to prevent sexual harassment; (2) take reasonable care to promptly correct sexual harassment that has occurred.

There are no specific actions an employer must take to satisfy the requirement that it take reasonable care to prevent or stop sexual harassment.

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Answered on 6/21/11, 8:30 pm
Terry A. Nelson Nelson & Lawless

You keep posting, and getting answers you don't like. Bottom line is that if you are accused of sexual harassment, you WILL be disciplined or terminated unless you can conclusively prove the allegations are entirely fabricated and that you are entirely 'innocent'. Your denial is not proof.

In addition, in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice. The employee's goal should be to keep the employer happy and make the company money. That�s how they pay your wages. Instead, you appear to have caused a problem for the company, that could get them sued by the harassed victim. That is a 'for cause' firing.

Now, I suggest you accept reality, and move on with your life. You should TRY to negotiate a deal with the employer to allow you to quit instead of being fired for cause and sexual harassment. It is worth a shot.

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Answered on 6/22/11, 10:57 am


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