Legal Question in Sexual Harassment in California

if a person is removed from a supervisory position as a result of a sexual harassment complaint, can that person later be reinstated to that position if the complaintant is still employed there?

Asked on 8/31/10, 1:56 pm

3 Answers from Attorneys

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Yes, though it's a risky move.

Answered on 9/05/10, 2:11 pm

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Carol Ryder Law Office of Carol Ryder PC

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As Mr. M said, risky move. I don't have enough info, am licensed in NY but I am federally admitted (and the Civil Rights Act, a fed law, the most imp law under which the complainant's complaint falls, trumps other laws). If I were representing the complainant, I would have her (and I apologize for assuming it is a her) gathering evidence all the time. Lack of proof sinks a lot of sexual discrim cases. In NY, you can tape if one party agrees (the complainant) and I have found those $39 digitial recorders from Wal Mart, and photocopying things placed on the wall, and e-mails, to be invaluable (I do discr cases-Americans with Disabilities Act-same idea, part of CRA). So, the company has no idea what the complainant is doing so it must be really sure before restoring the supervisor to his/her position.

Answered on 9/05/10, 2:52 pm

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