Legal Question in Sexual Harassment in California

accused of sexual harrassment

I have been accused of sexual

harrassment by a same sex

coworker. The work environment is

very friendly, relaxed and we often

joke and talk about family, sex, etc.

I am heterosexual and was joking w/

my coworker and poked my coworker

once. The nature of physical touch

was never intended to be sexual.

The person did not express any

anger or discomfort when it

occurred. However, the person went

to HR and accused me of sexual

harrassment.

1. What are my options?

2. What can I do to protect myself?

Do I not say anything? Do I need

legal representation when HR

questions me?

3. I feel that I am being wrongly

accused, is there any recourse?


Asked on 2/17/07, 3:27 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: accused of sexual harrassment

The employer is required by law to conduct an investigation. If you refuse to participate, you can be seen to be uncooperative and perhaps insubordinate, which could escalate the problem. If that is the only other person with whom you joke in that manner, the best thing to do is 1) stop joking around, and 2) don't ever touch the person again. It's unfortunate that things have developed to this point without even a warning from the other person. It might be a good idea to speak with an experienced employment lawyer to know what to say when you are questioned.

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Answered on 2/19/07, 2:54 pm


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