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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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1. I am a senior Information Technology systems

Customer Question

1. I am a senior Information Technology systems administrator, who has access to local plant badge record on a daily basis. Somehow company claimed that I have accessed the badge record too many times that are 20 times more than other systems administrator. Is it unlawful ? 2. The record shows that I have monitored a female employee 300 times more than myself in 10 months. Is it unlawful ? I told them she is my friend, just want to check is she's in today and used to use her name to check the badge activities is fine. There is no other bad reasons and there's no evidence of other wrong doing to the female employee but badge record. Am I guilty of whatever to cause my career ?

Submitted: 4 years ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 4 years ago.
Hello and thank you for your question. While the act itself is not unlawful, it could be used as evidence of creating a hostile work environment based on sex by this employee, which would be unlawful. So, the company is likely trying to protect itself from any future potential claims by stating that all men and women must be accessed the same amount.

So, in terms of being guilty concerning your career, there are numerous factors here. California is an at will employment state. This means that your employer is allowed to terminate your employment for any reason that does not violate your civil rights or is in breach of contract. Employees are oftentimes terminated because of allegations of sexual discrimination or harassment. Absent an actual complaint, it is unlikely that anything will come of this as long as the behavior does not continue.

In short, a person is legally entitled to be free from a hostile work environment if they feel they are being treated differently as a result of their
age (40 or older), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability. In this instance, the employee may feel uncomfortable in the workplace if she found out that her information was being accessed significanlty more than the other employees. She would likely then attribute this to the fact that she is female, and it would be within her rights to then file a discrimination lawsuit against the company, especially, if any adverse employment action occured against her at any time, for any other legitimate reason.

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

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, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Have a wonderful rest of your evening.