Legal Question in Sexual Harassment in California
My rights as an alleged offender
I recently was acused at work of harrassment towards a male employee. I asked what the acusations are, but all they will tell me is that there is a formal investigation going on. Do I have the right to know?
1 Answer from Attorneys
Re: My rights as an alleged offender
Under most circumstances, the employer is not obligated to share with you any details regarding sexual harassment allegations. Employers usually try to keep these complaints confidential to avoid the possibility of retaliatory conduct by the accused. On the other hand, it certainly makes it difficult for an accused employee to defend themselves when they have no idea what the allegations stem from or who made the complaint.
As difficult as it may be, about the only thing you can do is await conclusion of the formal investigation. Participate in good faith whenever possible, to avoid the appearance that your evasiveness is evidence of guilt. If you are ultimately terminated, you should at least consult with an employee rights attorney to make sure the investigative process met the legal requirements for your employment classification.