Legal Question in Sexual Harassment in Georgia

can you legally terminate someone after a sexual harrassemnet complaint

can you legally terminate someone after they have submitted a grievence regarding sexual harrassement? the person is still in their 90 day probation period, the policy states you can be terminated in your 90 days if the supervisor feels you are not doing your job.


Asked on 1/26/06, 10:20 pm

2 Answers from Attorneys

W James Moore MOORE & HAWTHORNE, LLC

Re: can you legally terminate someone after a sexual harrassemnet complaint

In response to your question, whether an employer can terminate an employee after filing a sexual harassment grievance, the answer depends first on the status of the employment relationship. In Georgia, for instance, most employment relationships are "at will", which means that an employer can terminate an employee at any time and for any reason, provided that the termination does not violate an employee's federal rights. Specifically, if it can be proved that the termination was done in retaliation for filing the sexual harassment complaint, then this is a violation of Title VII and would be considered an unlawful termination.

I hope this answers your question.

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Answered on 1/27/06, 7:57 am
Jeff Kent Kent & Merritt, P.A.

Re: can you legally terminate someone after a sexual harrassemnet complaint

Mr. Moore is correct. To add to that response, you need to look at the motivation for the termination. If the termination was motivated by the filing of the claim, the termination is illegal. If the termination would have happened even without the charge, the termination is legal.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.

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Answered on 1/27/06, 8:38 am


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