You probably won’t be liable for a single incident of sexually oriented co-worker harassment if you punish the transgressor after you discover what happened.
Recent case: Turner worked as a floor technician at a nursing home. While he was talking to a female co-worker, another female co-worker came up behind Turner and slapped him twice on his rear end.
Turner complained about the slap. The co-worker was disciplined.
A few days later, the employer reduced employee schedules. Turner was fired when he didn’t show up for his scheduled shift.
That’s when he sued, alleging that he had been sexually harassed.
The court tossed his case, reasoning that a one-time incident involving a co-worker that was investigated and punished wasn’t enough for a sexual harassment lawsuit. (Jones v. Divercare, No. H-13-592, SD TX, 2014)
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