Legal Question in Sexual Harassment in California

Employers Responsibilities

When I reported sexual harassment to my employer, I was put on administrative leave. Is that leagal, or a violation of my civil rights? I felt that I was being punished.

Thank you


Asked on 4/15/03, 2:01 am

4 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Employers Responsibilities

Both state and federal law make it illegal to retaliate against an employee who reports incidents of sexual harassment. Start keeping a diary of everything that has happened, including what was said, when and by whom. Also, if you have access to company policies and procedures, gather them together for reveiw by legal counsel.

You should seek the advise of a labor law attorney near you to determine how to best handle the situation, as this is a very important stage in your employment situation.

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Answered on 4/23/03, 12:05 pm
Jason Hsu Una Law Corporation

Re: Employers Responsibilities

As previously well put, if the placed you on paid administrative leave to investigate there may not be much of a case at this point. However, if unpaid or retaliatory for asserting your right to a peaceful work environment free of sexual harrassment, you do have grounds for a case against your employer.

If you are in the northern or southern california area. Please contact our office to further discuss your options.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com

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Answered on 4/23/03, 5:10 pm
Terry A. Nelson Nelson & Lawless

Re: Employers Responsibilities

If they put you on paid leave in order to seperate you and the harasser, also on leave, while they investigate, it is ok so far. Not great policy, but ok. But if they actually retaliate against you in any way, or if they do nothing appropriate to remedy the situation, then you have grounds for a claim against the company. Contact me to discuss your facts and options.

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Answered on 4/22/03, 9:56 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Employers Responsibilities

from the facts given so far, you may have a very strong case if you were put on administrative leave as a form of discipline or punishment. however, if the leave is premised on equity and a means to temporarily research, investigate and remedy the situation, this may be legal. however, if you can email me more detailed facts on your case and situation, i can provide you with further legal assistance and/or representation on this unfortunate matter.

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Answered on 4/22/03, 10:05 pm


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