Legal Question in Employment Law in California

Sexual harassment

Are the Accuser and acused supose to both be suspended so that neither would ''tant'' the investigation? What legal action can I take against the company?


Asked on 1/12/01, 2:41 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Sexual harassment

Once an employee complains of sexual harassment, an employer is required to conduct a good faith investigation into the allegations. There is no requirement that anyone be suspended, but if it is considered necessary, to avoid tainting the investigation, the employer may do so. It would be highly suspicious, however, if the complaining employee were suspended without pay, or had any other adverse action taken against them. The law forbids the employer from taking any retaliatory action against a person who complains of illegal harassment or discrimination.

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Answered on 1/30/01, 2:52 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Sexual harassment

Sexual harassment is a very serious charge. The employer would need to conduct a reasonable investigation. Whether or not to suspend both employees involved is a decision for management to make. However, it should give you an idea which way the employer is leaning. I am very interested in taking on a sexual harassment case. Please contact me directly at (619) 222-3504.

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Answered on 1/29/01, 1:05 pm


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