California | Sexual Harassment
Legal Question
Claiming sexual harrassment after participating in sexual conduct
Can an employee file a sexual harrassment suit against thier employer if the person willingly participated in sexual conduct with another employee? Employer had meetings on sexual harrassment and informed employees that it would not be tolerated. Person filing suit never informed owners/managers of any problems. After the owners became aware of the claims of the employee they questioned other employees and found that she had grope a male employee and offered to buy alcohol if he would go home with her. There are witnesses to her behavior. Incidently this male employee was named as one of her harrassers. She had been talked to about not performing her work duties on her last day of work, she was not fired but never returned to work and the next day filed a police report, but refused to press charges.


