by Keith Watts, Esq., Ogletree Deakins, Orange County
A recent state appellate court decision offers clarification about how employers can handle an employee’s false or exaggerated sexual harassment complaints.
According to the California Court of Appeal, the employee, who was fired for allegedly making false statements related to his sexual harassment complaint against his supervisor, could not show that his employer’s stated reason for firing him was merely pretext for retaliation. (Joaquin v. City of Los Angeles, No. B226685, California Court of Appeal, 2012)
Alleged supervisor harassment
On Jan. 7, 2005, Officer Richard Joaquin of the Los Angeles Police Department (LAPD) was on duty when he and his supervisor, Sgt. James Sands, had a disagreement regarding when Joaquin’s shift was scheduled to end. Sands claimed that Joaquin did not return to the station as ordered. Joaquin, on the other hand, claimed that he returned ...(register to read more)
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