Legal Question in Sexual Harassment in California
Alleged harasser disciplinary action
My employer accused me of sexual harassment based on a rumor not started by the alleged harassed, and a disciplinary notice was given to me. I do not know what are the actions or words considered damaging to the harassed party. I was told (verbally) to behave the--name removed--in the presence of the harassed person and that she does not know about the complaint. In order to take my own corrective action I asked my employer to present me with the formal complaint and the investigation findings so I can avoid such misunderstandings in the future. I am confused and still waiting for an answer.
I was put on notice before even to be aware that a complaint was made, and the disciplinary notice was mailed to my house for the whole family to see. Is this considered confidential? Did I get a fair treatment? Don�t I have the right to know what this was about so I can avoid it? Can they discipline me on basis of rumors started, from little I know, by a third party who I never met? Did my employer leave grounds for second rumor, which will terminate my employment in a shameful way? Don�t I have the right to a written solution for this matter from my employer?
The company does not have a policy on this matter.
Please advise.
Thank you
2 Answers from Attorneys
Re: Alleged harasser disciplinary action
Most companies of any size have policies on sexual harrassment. They may have breached a duty of confidentiality to you, and you are entitled to know more about your accuser and any investigation. If they were to terminate you just on this, you would probably have an action for wrongful termination.
Tell them that you insist on a more complete explanation of what supposedly took place, because you want an understanding of what you were not supposed to do, and a chance to defend yourself.
Finally, advise them to establish a sexual harrasment policy, or they may end up on the wrong end of a lawsuit by someone like you or one who has been harrassed.
Any questions, call my office at 925-924-0100
Re: Alleged harasser disciplinary action
The law allows your employer a great deal of leeway in this area. It is surprising that the company does not have a harassment policy -- that, in and of itself is a violation of law and might (emphasize might) be to your advantage.
However, in conducting investigations of this kind the employer can be wrong, as long as he is acting in good faith. What this means is, that you could be fired, your firing could be improper, but if the employer did it in the good faith belief that he was acting properly, you are out of luck.
You best defense is to ask for explicit, written directions on what you did 'wrong' and how to avoid such conduct in the future. The complainant has a right of privacy and the company is probably correct in not revealing her name.
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