QUESTION
Can I be terminated for discussing a sexual harrassment complaint?
Asked on Jan 26th, 2017 on Sexual Harassment - North Carolina
More details to this question:
I work as a supervisor for a well known hospitality franchise. In the past two months I have had 2 separate complaints of sexual harassment involving a male employee towards female employees. I reported each incident to HR as well as my manager. In one case the harassment and intimidation had been ongoing for 2 yrs. to the best of my knowledge the man was issued a write up. Gossip has started. It has come to my attention that same man had a complaint 8 yrs ago for same thing and had a write up. Word has gotten to my boss that I am engaging in conversation about the man and have expressed my concern over his slap on the wrist. This isn't actually the case and I am now being investigated. I'm concerned about being terminated. Do I or the woman involved have any recourse? Theoretically there are several woman both past and present employees who have been harassed by this man but did not report it
1 ANSWER
4 Awards
It depends on the situation and the facts. If you have been told not to discuss it, or you know not to discuss it, then it would not be unlawful for the employer to fire you because it believes you have discussed the matter. Now, if you are being terminated due to reporting the harassment in the first place, then that is unlawful if you are able to show that you were terminated due to the report only.
As for the woman, I assume that this is one of the women that was sexually harassed and my answer is based on that assumption. The law on sexual harassment is very clear. Once the harassment reported, or the employer knew or should have known about the harassment, then the employer has an absolute reponsibility to stop the harassment. The law does not require the employer to terminate the employee who is perpetrating the harassment. If he gets a "slap on the wrist" and that stops his conduct, then that is all the employer needs to do about the situation.
Answered on Jan 31st, 2017 at 5:31 AM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.