Legal Question in Sexual Harassment in California

False Accusation

I recently had a manager manager call me into her office where she told me that she had received a complaint from one of her employees concerning me. The manager began to tell me that she was told that her employee felt uncomfortable being hugged. The manager stated that the employee did not want to hurt my feelings by telling me. The employee was said to have some emotional/psychological issues stemming from her past. My usual hugs to people are non sexual or hostile. I greet certain people with a traditional /cultural hug men and women. The employee is an adult and has never given me any indication of an unwanted contact/hug. In all incidents of hugs they were mutual, given and received. The manager implied that this could be a case of sexual harassment as she had just attended a meeting with other managers who just completed SH training. I have an issue with the manager telling me that I am being considered to have acted in a way that constitutes sexual harassment. I understand that some people might be shy or politeness but in this case the conversation should be that the employee is just that . If there was a sexual advancement or inappropriate behavior then one would be offended.


Asked on 2/16/09, 8:12 pm

1 Answer from Attorneys

George Moschopoulos The Law Office of George Moschopoulos

Re: False Accusation

Perhaps you should rethink the way you greet people in the workplace regardless of your intentions. The simple truth is that many people may not be comfortable with a 'hug.'

Your manager handled this correctly. She has warned you. If you continue to do this and she does not respond knowing that someone has an issue with it, then she is almost certainly exposing the company to a sexual harrassment suit.

From now on, offer nothing more than a handshake.

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Answered on 2/18/09, 2:03 am


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