Legal Question in Sexual Harassment in California

Claiming sexual harrassment after participating in sexual conduct
Can an employee file a sexual harrassment suit against thier employer if the person willingly participated in sexual conduct with another employee? Employer had meetings on sexual harrassment and informed employees that it would not be tolerated. Person filing suit never informed owners/managers of any problems. After the owners became aware of the claims of the employee they questioned other employees and found that she had grope a male employee and offered to buy alcohol if he would go home with her. There are witnesses to her behavior. Incidently this male employee was named as one of her harrassers. She had been talked to about not performing her work duties on her last day of work, she was not fired but never returned to work and the next day filed a police report, but refused to press charges.

Asked on 7/16/04, 4:32 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: Claiming sexual harrassment after participating in sexual conduct

'Can they?' Sounds like they already did. Can they win? That is a different question. Based upon your statement of facts, there are defenses to the case. Contact me to discuss if interested in hiring counsel experienced in these matters. It may be possible to quickly convince her the case is worthless, or to settle cheaper than your minimum cost of defense; but once it is filed, you have to defend it.

Answered on 7/22/04, 6:43 pm

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