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If we have an employee who has previously worked in a sex…

If we have an...

If we have an employee who has previously worked in a sex industry and has spoken openly about it besides reprimanding the employee can we have them sign a a no law suit agreement that they can't sue for sexual harassment from people talking about that?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Iowa

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

"at will" part time

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Answered in 2 minutes by:
3/13/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,394
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 5 months ago
take your time and let me know if you need any clarification of the situation

Thanks for your patience. The answer to your question is no; having the party sign something saying that they waive their rights to a sexual harassment lawsuit would be ignored by both the EEOC and a federal court if this person decided to bring a lawsuit based on sexual harassment or discrimination. In addition, if there is an employee that is uncomfortable with the sex talk, they can file a sexual harassment lawsuit anyway, obviating anything that you had the former sex industry employee sign.

In this case, if you're concerned about this, your best bet is going to be a change in the policy at the place of employment. You can say specifically that this kind of talk may lead to an issue of sexual harassment and that because the law requires a place to be free of sexual harassment, an employee who continues to speak about this may be reprimanded. Doing this may not be popular, but believe me when I say that it will cost you less to do that than it will to fight a sexual harassment claim or deal with an EEOC investigation.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 5 months ago
can we "let" said employee go or would that be considered discrimination?

Good question. I think if you let the employee go, it could actually be on the grounds that their work in the sex industry previously is leading to a workplace environment that is sexually harassing or discriminatory. This is a legitimate reason to let someone go and it is how many people as of late (e.g. Matt Lauer at NBC) have been let go as well.

Did you have any other questions for me about this today?

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Customer reply replied 5 months ago
great thanks.. thats all i needed

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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