Legal Question in Sexual Harassment in California
Can Personal E-Mails Be Considered Sexual Harassment?
I had a co-worker who was also a friend outside of work. He decided he didn't want to be friends anymore and just stopped talking to me altogether. I sent him e-mails from my personal home e-mail to his personal home e-mail after work. He said that I threatened him in one of the personal e-mails and complained to the HR department. I was written up for a ''Hostile Work Environment''. I then sent a personal e-mail to a co-worker's personal home e-mail and told her that if she wanted to share it with him, she could. She did show it to him. She went to my director and complained, and he again complained to HR. I am now on ''Final Written Warning''. They told me that because I was a ''lead'' and he reported to me, that what I did outside of work is still considered ''on the job''. I was NOT a ''lead'', I had a higher position, a ''senior'', but he did not report to me. I have since been demoted. Can what an employee does outside of work still be considered sexual harassment? I also did not hold a gun to the other co-workers head and make her show him the e-mail. I don't understand how this can be considered sexual harassment, since all the e-mails I wrote were after work from my home e-mail to his home e-mail. Please help! Thanks
1 Answer from Attorneys
Re: Can Personal E-Mails Be Considered Sexual Harassment?
Deaar Sir:
Having represented employers and employees as well on matters arising out of the employment envelope as it is often called, you have a taste of life in the big city.
Today, you cannot have any "touchy feely" actions at all with any co worker, of any sex or configuration as each such act has the potential of becoming either a sexual harassment or hostile work environment case.
BE VERY THANKFUL that you were only demoted. What you did in persisting in making either direct or indirect contact CLEARLY AND OBVIOUSLYA against the recipient's wishes was very foolish. You got lucky that greater adverse conseqeunces did not arise.
Your conduct may have even arisen to the level that teh coworker could obtain a restraining order against you. Stay away, don't talk to her, don't communicate with her friends or co-workers, dont go by her office, don't even comment about her to your friends at work as they can tell her and there you go again.
Sincerely,
Mark Geyer
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