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Patrick, Esq.
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Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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A friend of mine was sexually harrasesd at her work place.

Customer Question

a friend of mine was sexually harrasesd at her work place. the person in question was fired but then re hired becuase of lack of evidence even though her and two others came forth.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 4 months ago.

Good evening and thank you for entrusting me to assist you. I assume your question is whether it was legal for the employer to rehire the employee.

That being your question, the answer is yes. The law does not require an employer to automatically terminate an employee accused of sexual harassment. The law only requires employers to take reasonable measures to prevent the harassment from continuing to occur. This can be done through discipline, forcing the accused employee to undergo training, separating the accused employee from the accuser, or other things. Moreover, if the employer finds a lack of evidence to support the allegation of sexual harassment, the employer need not take any action against the accused at all. The employer also has no obligation to disclose what specific preventative measures they took to prevent future harassment.

If future harassment does occur, the employee could now name the employer in a lawsuit for sexual harassment in addition to naming the employee who actually committed the harassment. That would be the employee's sole remedy in this circumstance. The complaint would be filed with the EEOC.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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