Legal Question in Discrimination Law in California

Excluded from Sexual Discrimination Investigation

Two female employees filed sexual harassment charges against our male manager. The manager was suspended immediately. Mediation took place 2 months later. The company paid them a cash settlement because the manager was at fault for allowing "loose" talk in the workplace. 2 days prior to the mediation, I was contacted by the company's attorney and asked to assist in providing information to discredit the complaintants. Through the attorney, discovered that HR had conducted an investigation & interviewed the other female employee (there were 4 total including myself), and even a former female employee. I was excluded from the investigation because in their letter, the complaintants made defamatory comments and accused me of having a relationship with the manager. The accusations are untrue and I feel that in all fairness I should have been interviewed like the other female employees. Although I continue to do my job as before, I have been blacklisted by current management. For example, everyone received annual performance reviews except me. I was told I would not receive one because I was not getting any pay increase. Do I have grounds for any type of discrimination action?

Asked on 6/12/99, 3:57 am

1 Answer from Attorneys

Stuart Kaye Law Offices of Stuart M. Kaye

Re: Excluded from Discrimination Investigation

You may have a claim for retaliation based upon your participation or a claim for Sexual Discrimination based upon the adverse employment actions taken toward you.

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Answered on 6/28/99, 1:43 pm

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