A sexual harassment case out of California has shown what can happen when employers fail to take claims of harassment seriously. The case involved unwanted advances from a manager to an employee under his authority. According to the suit, one of the restaurant managers made unwanted advances to an employee who made clear she was not interested. After his advances were rebuffed, the manager logged into the employee’s email account and created as many as 30 fake emails, which he then showed to management above him. By the time the employee filed a complaint, upper management had emails they believed were sent by her, which eventually led to her dismissal.
The court initially ruled in favor of the employer, but a subsequent appeal found that the employer had failed to do a thorough investigation into the matter to find out whether the alleged emails were valid. As a result of the appeal, the court found that the employer failed to take reasonable actions toward finding out who wrote the emails and had allowed a hostile work environment to form, which culminated in the employee’s wrongful dismissal.
Sexual harassment in the workplace is an unfortunate reality, and employers should always make sure that allegations are taken seriously. Had the employer taken the necessary steps to find out the truth about the alleged emails, it may have been able to avoid a harassment lawsuit.
Have you Been Harassed in the Workplace?
If you’ve been sexually harassed in the workplace, you may worry about what might happen if you take action. It is important in these situations to have a knowledgeable California sexual harassment attorney by your side. To learn more about our California labor law attorneys, connect with us on Facebook or Twitter. You may also be interested in reading more about California employment laws at our frequently updated blog.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys