Legal Question in Sexual Harassment in California

Falsely accused of sexual harassment

I have been accused of creating a hostile work environment under the sexual harssment policy at work. 10 months ago I made a comment that something someone was doing was ''gay'' in the same context of doing something ''stupid''. The person got offended, I apologized immediately, and the situation never repeated itself.

Later, I found out that the person was likely a homosexual, although I did not know it at the time. It was the topic of discussion outside the work environment with another person recently.

The person I originally made the comment to in the workplace has decided that this inceident 10 months ago has been festering and that he is positive that I have continued to make comments regarding his sexual preference. He has no proof of this.

I am currently suspended pending either termination or transfer to another location. What are my rights? T


Asked on 4/29/03, 6:48 pm

1 Answer from Attorneys
Frederick Choi Law Offices of Frederick H. Choi

Re: Falsely accused of sexual harassment

As an employee you have several rights which may be of use in this situation. You have the right to review your HR file. Your company also has a duty to reasonably conduct an investigation when a complaint of this nature is made. If you disagree with the decisions of the company you may have recourse for wrongful termination. A more detailed review of the facts would be necessary to provide a more specific response. If you are in the area and need further consultation, please call our office.

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Answered on 5/05/03, 1:15 pm


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