Legal Question in Employment Law in California
Yesterday, two employees complained to me that an outside service man (painter/handyman) made unwelcomed comments to them and "accidentally" touched them. Neither of them said anything to the painter or did anything to show their objection. They tell me the incidents occured over the past several months everytime the man is working on the premises. The painter/handyman pled innocent and denied wrong-doing. Is it enough that I require the painter/handyman be on the premises only when I am there; or do I need to fire him from the job?
2 Answers from Attorneys
When an employee complains to their employer that they have been sexually harassed, the employer has a legal obligation to investigate and take immediate corrective action to make sure the harassment does not continue. This is true, even though the accused harasser is not employed by the company. The law does not instruct employers on what steps they must take; only that the corrective action be effective to prevent further harassment. If that means it is enough to make sure you are on the premises when the painter/handyman is there, then that is something you may consider. Each case is different and should consider all of the circumstances involved.
With multiple complaints, unless you have reason to suspect they are false, you risk being sued unless you remedy the situation properly and promptly. An employer is legally required to investigate such complaints to determine the truth, then take appropriate remedial action to protect the victim[s] from further problems or risk of retaliation. A single first incident could justify a counseling and warning. For repeated offenses, most companies would probably fire the man for misconduct. To put it in perspective: if one of your women employees came to me and explained there had been such a complaint that you did not take seriously enough to properly discipline or terminate him for, and the problem occurred again, I would be happy to take their case and sue the company.