Legal Question in Sexual Harassment in California

Harassment in the workplace

I am a male and work for a large retail company. 6 months ago I was verbally attacked by a male co-worker for no reason at all. It was witnessed by another male co-worker. I reported it to the sub-manager on duty and was told ''He just does that sometimes''. I assumed this was not the first time. I then told the HR Manager and was told ''You just have to learn to get along with people here''. I get along with everybody. Now I find myself being accused of a single act of sexual harassment by a female employee who is 40 years my junior. 2 days later I have been written up and it's on my record. One of the sub-managers talked with all the female employees and asked them about me. It's all confidential but was asking legal?

Do I have a right to know exactly what I am accused of saying since I said nothing of a sexual manner to anyone?

The company did nothing with my complaint (There were 3 other verbal assults I know of after mine) but jumped on me immediately over the alleged sexual harassment. I feel my complaint was swept under the carpet because the attacker is a friend of management. This feels like discrimination because of the different ways the complaints were handled and the status of the people involved.

Any ideas?


Asked on 7/04/04, 6:24 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Harassment in the workplace

Investigation of Sexual Harassment claims is required by law, and interviews are obviously part of that process. You have limited right to the content of the interviews, privacy rights apply. You have rights to know the charges, but it is already 'written up' and over, unless you have grounds and evidence to contest the facts. Contact me if you do.

Your complaint was not about illegal conduct, no investigation legally required. If you could somehow prove your complaint led to false charges against you, it would be a good case. Hard to believe you could prove that though.

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Answered on 7/12/04, 5:57 pm


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