Legal Question in Sexual Harassment in California

when investigating a sexual harassment claim do you have to give the accused person the name of the victim, even if the victim is frightened because the accused person has threatened her.


Asked on 10/30/09, 12:18 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If you are the employer, your question makes it clear you should promptly get proper training in the rules of this game. The employer has an obligation to protect the rights and privacy of both the victim and the accused. In general, the ID of the victim and witnesses can and should be withheld where there is any indication of possible retaliation by the accused. This is a dangerous area, and decisions should be well informed, not casually. If serious about getting help and education, feel free to contact me. I've been doing employment law like this for over 20 years, representing both victims and employers as appropriate.

If you are the victim, the same opinion applies, in that you should get legal help to protect and pursue your rights and remedies. Feel free to contact me if serious about doing so.

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Answered on 11/04/09, 12:27 pm


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