Legal Question in Sexual Harassment in California

sexual harassment on the internet

i run a retail store and on of my employee's has been keeping a diary (online) and writing about how he would like to have sex with another employee. he has been told 3 times to cease and to remove said entrees on the site but has refused stating first amendment rights. he has used real names and business title and location of events.

question is: does this person have the right to post this information without permission?


Asked on 3/25/03, 12:52 am

3 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: sexual harassment on the internet

your question poses a very interesting issue that is not readily seen in "everyday" sexual harassment cases. i would like to provide you with sound legal advice on this matter, so if you are at liberty to email more specific facts on this case, include the website url where this employee is "harassing" his co-worker, i can further assist you once i have seen and heard everything.

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Answered on 3/25/03, 6:39 pm

Re: sexual harassment on the internet

I cannot tell whether he is using company computers or company time to do this. Further, it is not clear whether the employee is aware of this. If this conduct is happening in the workplace, you can be sued for failing to stop a hostile enviroment. Even if this is occurring outside of work, you might want to consider terminating him. This should be done only after obtaining legal advice to protect you against him bringing a wrongful termination claim. If you wish, call me 805/641-6600 to discuss further.

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Answered on 3/25/03, 7:02 pm
Terry A. Nelson Nelson & Lawless

Re: sexual harassment on the internet

The store, and you personally, are at great risk of a lawsuit for sexual harassment, unless you immediately take action to protect the victims of this man. You are on notice by their complaints. He is creating a sexually hostile environment at work. If he is using the store computer in any way, it is probably grounds for immediate termination. Even if using only his own computer and website, it is still creating a sexually hostile environment at work. You need to immediately get sound legal advice and guidance on proceedure to follow here. Contact me if interested.

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Answered on 3/25/03, 7:10 pm


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