Legal Question in Sexual Harassment in California
Is this a valid complaint?
A ''friend'' has been accussed of sexual harassment because he made a remark to a collague, in a meeting, that she was leaving the meeting because ''taking maternity leave early.'' Isn't this just a little too flimsy? He contends this was his only remaark other than asking about her health thru the process and how she was feeling.
The HR person contends it is valid and he is making the company liable for damages. Can this be so?
Thanks.
2 Answers from Attorneys
Re: Is this a valid complaint?
The comment in question, without other conduct or comments appears to be an isolated incident and does not rise to the level of actionable harassment.
The company may discipline for conduct that is not legal harassment subject to the restrictions of company policy.
Re: Is this a valid complaint?
Would I want to sue an employer for such a remark? Probably not. It does not appear severe or pervavsive enough to justify legal action for sexual harassment. Can an employer discipline an employee who makes the remark? Yes. They have an obligation to take corrective action to assure it is not repeated.
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