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  1. #1
    Join Date
    Mar 2009
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    3

    Default Accused of Sexual Harassement: Male/Male

    My question involves labor and employment law for the state of: California:

    I was recently pulled in to a meeting with corporate HR. They had told me 3 men from a different department had accused me of sexual harrassment.

    -slapping rears
    -pretty boy comments
    -slapping chest, tweeking nipples.
    -blowing kisses, kissing on cheeks
    -All thes instances were done in jest and has been going on for over a year, I work in a different department, and do not hold a supervisory role to any of them.

    They all have done the same exact things to me in joking fun. We played, basketball together,went to lunches, and have drinks after work.

    All of us are married and they never once brought up that it was unwarranted or threatening.

    It was male comrodery, joking aroudn horseplaying around at work, nothing threatening, or wanting any favors or advancement. The behavior was recipricated on both sides, but all of the sudden now there is an HR claim?

    This department has been under investigation for misconduct, not related to harassment.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Acused of Sexual Harassement: Male/Male

    Quote Quoting SDCA
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    My question involves labor and employment law for the state of: California:

    I was recently pulled in to a meeting with corporate HR. They had told me 3 men from a different department had accused me of sexual harrassment.

    -slapping rears
    -pretty boy comments
    -slapping chest, tweeking nipples.
    -blowing kisses, kissing on cheeks
    -All thes instances were done in jest and has been going on for over a year, I work in a different department, and do not hold a supervisory role to any of them.

    They all have done the same exact things to me in joking fun. We played, basketball together,went to lunches, and have drinks after work.

    All of us are married and they never once brought up that it was unwarranted or threatening.

    It was male comrodery, joking aroudn horseplaying around at work, nothing threatening, or wanting any favors or advancement. The behavior was recipricated on both sides, but all of the sudden now there is an HR claim?

    This department has been under investigation for misconduct, not related to harassment.
    What is your legal question?

    Just in case you were wondering, if you worked for me and engaged in any of those behaviors under my roof, you would no longer work under it.

  3. #3
    Join Date
    Mar 2009
    Posts
    3

    Default Re: Acused of Sexual Harassement: Male/Male

    Quote Quoting cyjeff
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    What is your legal question?

    Just in case you were wondering, if you worked for me and engaged in any of those behaviors under my roof, you would no longer work under it.

    Would it be sexual harassment if they did the same things to me?

  4. #4
    Join Date
    Mar 2007
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    9,096

    Default Re: Acused of Sexual Harassement: Male/Male

    Quote Quoting SDCA
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    Would it be sexual harassment if they did the same things to me?
    Yes.

    There is nothing that states that all parties engaging in such obviously inappropriate behavior couldn't be terminated.

    In fact, since you work in an "at will" state, there is nothing that says you cannot be fired at any time with or without reason.

  5. #5
    Join Date
    Mar 2009
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    3

    Default Re: Acused of Sexual Harassement: Male/Male

    Quote Quoting cyjeff
    View Post
    Yes.

    There is nothing that states that all parties engaging in such obviously inappropriate behavior couldn't be terminated.

    In fact, since you work in an "at will" state, there is nothing that says you cannot be fired at any time with or without reason.
    Thanks. I guess I better work on my resume now. So my employer can terminate me and not take action against the others?

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Acused of Sexual Harassement: Male/Male

    Quote Quoting SDCA
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    Thanks. I guess I better work on my resume now. So my employer can terminate me and not take action against the others?
    As long as the reason for the difference in treatment is not in direct violation of statute, employers can treat different employees differently.

    By direct violation of statute, I mean because of that employees including in a protected class of persons (race, sex, national origin) or in violation of public policy (whistle blower).

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