Legal Question in Sexual Harassment in California

If you are suing a police Department, and accusing one of their Sergeants of sexual harassment, are you allowed to obtain the accused personnel file? Are you allowed to use the Internal affairs reports from previous claims of sexual harassment by other employees against the accused in a California Federal Court?

If there is previous claims of sexual harassment will that be allowed into evidence during trial?


Asked on 2/14/11, 5:05 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you plan on having a snowball's chance of hell of winning your federal case against the police department, you'll retain an attorney, and your attorney will know the answers to the questions you are asking. Watch out for legal time limits.

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Answered on 2/14/11, 5:14 pm
Arkady Itkin Law Office of Arkady Itkin

Hello.

To follow up on the advice above, it would be very useful to have an attorney. With regard to your questions, under discovery rules, you have the right to obtain certain documents from the personnel file of other victims of harassment (but not all documents). You also have the right to obtain documents evidence any prior discipline against the same harasser in the harasser's file.

The employer's usually fight having to make those disclosures through court motions.

Thanks,

Arkady Itkin

San Francisco / Sacramento Employment Lawyer

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Answered on 2/14/11, 9:34 pm


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