California  |  Sexual Harassment

Yes, though it's a risky move.

As Mr. M said, risky move. I don't have enough info, am licensed in NY but I am federally admitted (and the Civil Rights Act, a fed law, the most imp law under which the complainant's complaint falls, trumps other laws). If I were representing the complainant, I would have her (and I apologize for assuming it is a her) gathering evidence all the time. Lack of proof sinks a lot of sexual discrim cases. In NY, you can tape if one party agrees (the complainant) and I have found those $39 digitial recorders from Wal Mart, and photocopying things placed on the wall, and e-mails, to be invaluable (I do discr cases-Americans with Disabilities Act-same idea, part of CRA). So, the company has no idea what the complainant is doing so it must be really sure before restoring the supervisor to his/her position.

He could, but it would be foolish employer to do so.