Legal Question in Sexual Harassment in California
Sexual Harassment in the workplace
A former manager of mine has asked me to write a letter of reference to his prospective employer.He recently quit working for me after he received a ''mixed'' review.He adequately performed his administrative duties but on occasion turned in late accounting reports that contained frequent errors.My company is also beginning an investigation on two accounts of this employee sexually harassing women, once in his office, and once while he was off duty, at a local bar.My company's policies require that I create a committee of five employees to hear evidence and to make a determination.This process will likely take at least six weeks and the hiring for the employee's prospective job is in two weeks.I am wondering whether or not I should write the letter of recomendation.If I do write the recommendation, what would I disclose?Can I legally say that the employee is under investigation for sexual discrimination,without any liability? What is the risk of writing the letter?What is the legal risk of not writing a letter? What are the relevant laws in this situation? Also, if it is concluded that the employee did indeed sexually harass the women, would I report this to the police?Would I report it to the employee's new employer if he is hired?
2 Answers from Attorneys
Re: Sexual Harassment in the workplace
I would say this is as good a time as any for your company to implement a policy of not giving references or specific information about former employees beyond confirming dates of hire and dates of termination, the position, and the fact that they worked there. Where liability comes out of these references, it is usually for saying too much or saying things that are colorably false. In fact, it has been very much a trend in corporate america not to give out much information beyond confirming past employment, position and dates, simply because from the litigation risk standpoint this is the safest approach. You definitely don't want to say he is suspected of being a sex harrasser at work, but you certainly don't want to falsely state otherwise either. You can diplomatically explain to him why the company has to implement this policy now and this is the best way to hurt neither him nor the company in handling this.
My offices are in Georgia but I am also admitted to practice in California since 1979. You may contact me at [email protected] if you have more questions.
Re: Sexual Harassment in the workplace
You are in over your head and should promptly get some good legal advise on the risks of what you propose doing. Contact a local attorney experienced in employee/employer rights and business representation if you can find one. If you can't, contact me to discuss how we can help advise you to avoid getting sued.
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