Legal Question in Sexual Harassment in California

accused

I have been accused of sexual harrassment by an employee. My employer has investigated the complaint. However, my employer will not provide me with any information as to the specifics of complaint. It's my understanding that the complaint was unfounded, however when I question my manager his only response was ''There's nothing to it.'' In a period of less than three months the employee has made at least two complaints.

Am I entitled to review the complaints? Am I allowed to pursue legal action against the employee for the complaints filed againt me? How about filing a complaint against my employer?


Asked on 8/26/02, 9:37 pm

1 Answer from Attorneys

Re: accused

-The Labor Code permits you to review your personnel file and obtain a copy of every document you have signed. As for materials outside of your personnel file, the employer might argue that divulging the complaint might invade the complaining employee�s privacy.

-As for suing the company, since you do not indicate that you were harmed, there does not appear to be any damages. Further, the law prohibits retaliation against an employee for making a sexual harassment complaint.

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Answered on 8/28/02, 12:05 pm


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