Legal Question in Sexual Harassment in California
Sexual Harassment location hold any weight?
Generalized sexual harassment occurred with co-workers, outside of the workplace and outing was paid for with corporate credit card. The outing was not on company time and was an optional get together between co-workers. Is the company responsible for the harassment?
2 Answers from Attorneys
Re: Sexual Harassment location hold any weight?
I don't know what "generalized sexual harassment" is. But assuming it meets the legal definition of being severe and pervasive, employers may be liable for sexual harassment off the worksite, depending on a number of factors, such as whether it was company sponsored, employees were expected or encouraged to attend the event, management was involved in the harassment or it was reasonably foreseeable that co-workers were involved in the harassment. These cases are fact specific, so it is impossible to offer an opinion on such limited information.
Re: Sexual Harassment location hold any weight?
"not on company time". "optional". Thus, not part of work, thus, not likely to find the company liable for immorality or stupidity of employees.
IF you could show company control, supervision of, and responsibility for the event, then MAYBE you could show liability. That is IF you could show legally recognizable specific sexual harassment.
If you think you can, then feel free to contact me.
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