Employee Responsibilities Related to Sexual Harassment

Employees must cooperate during a harassment investigation. They must participate willingly and tell the truth during questioning. In some cases, lying during an investigation can lead to disciplinary actions for employees.

As an example, in the California case McGrory v. Applied Signal Technology, Inc., the court decided it was legal to fire a manager who was being uncooperative during an investigation. The investigation stemmed from gender discrimination charges against the manager. Throughout the investigation, the manager lied. He also refused to answer certain questions. When he was fired for not being compliant, he sued. The courts ruled against him, saying that his lying during the investigation was "disruptive of workplace discipline."

Keep in mind that an employer cannot consider an employee "uncooperative" or "disruptive" just because the employer does not like the employee's responses during the investigation. Every action is critical during investigations, so if an employer considers firing an employee, they should first consult their legal counsel to avoid retaliation claims.

To learn more about Sexual Harassment Prevention Training For Supervisors visit our Cal/OSHA Sexual Harassment Prevention Training For Supervisors Online Training web page.