Legal Question in Employment Law in California

harassment colleague obligations

A colleague has informed me that she has been subject to sexual harassment - a case of a hostile work environment. Both of us are in management. We work for a company with legal headquarters in California. Do I have a legal obligation to report the incident to my superior? Do I have any other obligations?


Asked on 10/12/06, 5:55 am

2 Answers from Attorneys

Beth Mora Cooper & Mora, A Professional Corporation

Re: harassment colleague obligations

Good questions, I am impressed that you have asked. As an attorney who practices only plaintiff's (employee) employee law, my answer is yes. However, I cannot say that a defense attorney (one who represents employers) would feel differently.

I would assume you were trained as a manager to report all claims of sexual harassment to your manager and human resources. Failure to do so may ultimately place some blame on you in the future as well as the company.

I encourage you to report what you have been told. However, you must be aware that in doing so, you are placing yourself in the line of fire - so to speak. As such, I suggest you make your communications in written form to protect yourself in case you are subjected to retalation so you can later say that if retaliation occurs it followed your report of harassment.

Should you feel you have any further questions or concerns, you are welcome to contact an attorney in your area or our office. Best of luck.

Sincerely, Beth Mora

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Answered on 10/17/06, 4:13 pm
Terry A. Nelson Nelson & Lawless

Re: harassment colleague obligations

You have an obligation as management to report such claims to HR or other management as detailed in the company handbook. You could be disciplined or fired for failing to do so. If the complaining women is in CA, then she should take action here, or in whatever state she works. Have her contact me for help if in CA.

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Answered on 10/23/06, 1:51 pm


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