Legal Question in Sexual Harassment in California
Protection from false sexual harassment claims
I suspect that a co-worker used claims of ''sexual harassment'' as a way to gain support from management and destroy my credibility. If I ask management if she made sexual harassment claims (verbal or written) are they obligated to tell me? Is there any way I can prove that I did not initiate or participate in inappropriate behavior? My professional career could be at stake (Ph.D working in a small company with no sexual harassment policy).
1 Answer from Attorneys
Re: Protection from false sexual harassment claims
Employers need not and should not provide you with confidential information given to them by another employee. If a complaint was made against you, you will be advised and should be given an opportunity to respond.
If you believe you are having difficulties working with this co-worker, it would be appropriate to advise the manager or human resources of the nature of the problem and seek advice on how it should be handled. Discretion is key in doing so. The matter should be handled professionally, not a personal attack on the co-worker.
You also have the right to see your personnel file so you can be aware of what is in it. Also, obtain copies of the employer's personnel policies, employee handbook and sexual harassment policies, to educate yourself on what the company expects from its employees and you can expect from it.