California | Sexual Harassment
Legal Question
Is this workplace harassment?
I manage a small public agency (8 employees) and was hired one month ago. My Board has just informed me that the a female Admin. Asst. had written a formal complaint to them about creating a hostile work environment. I touched her on the shoulder one time with one hand in response to her complaint about shoulder stress. She viewed over my shoulder another time an inappropriate ''Benny Hill bare ass photo'' which we laughed at and I deleted saying that it was inappropriate. At lunch one day off-site (just the two of us) I used a profane word. I have observed she has used them at work occasionally. She has not made mention to me that this was offensive and inappropriate behavior and has not complained to any other staff member. I have had two occasions in the past month in which this individual has not done work that I have instructed her to do and has objected to my work suggestion. The office environment is casual and open with no cubicles or offices. I work with her full time with some part-time female temporary file clerks coming in two days a week. The remaining staff members are male and work off-site. Do I have reason to believe that I am being ''set-up'' and this person has baggage that I should be careful around.
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