Legal Question in Employment Law in Washington

Sexual Harassment investigation and gag order

I was contacted by HR as a witness in a sexual harassment investigation (a co-worker is claiming sexual harassment by our former manager). At the conclusion of the interview I was told I could not discuss the issue with anyone and that doing so would constitute ''retaliation'' on my part. Is this legal?


Asked on 7/14/07, 8:10 pm

1 Answer from Attorneys
Merry Kogut Key Peninsula Law

Re: Sexual Harassment investigation and gag order

Yes and no. It's okay to ask witnesses not to talk with others. That way, the witnesses are not influencing one another. Moreover, it limits how far some negative discussion and feelings can spread.

However, HR mislabeled the reason by calling it "retaliation." Sounds like your HR person isn't an attorney.

It would only be retaliation if you did something negative to the co-worker after being informed of the investigation. For example, if you started to tease the co-worker, that could be construed as retaliatory. If you spread information about the investigation, that could also be seen as retaliatory.

Just do your job and don't gossip. It's not a good idea at work anyway.

Best of luck,

Merry

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Answered on 7/14/07, 8:24 pm


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