Legal Question in Employment Law in Maryland

Two sub contractors to the same company go to lunch at an off premise restaurant. One is male the other is female. The male ask if our conversation can remain private and confidential and the female agrees. The male tell a sexual story that offends the female. Then tells the manager of the company they both work for the story made them uncomfortable. The manager call the male into his office and place a letter in his file about the incident. Does the manager have the obligation to do so or the right to do so.

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Asked on 7/14/13, 8:12 am

1 Answer from Attorneys

Paula McGill Attorney at Law
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First, look at the company's manual regarding sexual harassment. This may provide some guidance on the obligation of the manager.

Second, do you know if the manager was instructed to do that by HR or his superior?

Third, it is smart a company to investigate the matter and show it is doing something because the female employee may file an EEOC charge. The company wants a paper trial noting it took some action. So, in that respect, the manager had to do it to protect the company.

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7/15/13, 9:54 pm

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