Q. A recent sexual harassment complaint reported the conduct of
A. Although there's no bright line, the fact that the alleged conduct occurred after hours at an event not sponsored by the company is very helpful. Courts are generally willing to recognize that senior managers are entitled to do what they want on their own time as long as it does not affect the work environment.
Your investigation of the complaint should explore whether and to what extent the off-duty conduct has spilled over into the regular workday. While the company may not be liable for off-duty conduct that is truly off-duty, the result is often different in cases involving company-sponsored events.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Is severance pay diluted by payroll tax?
- Case against Schwan's heats up as court backs EEOC
- Document decision-making criteria before choosing who stays and who goes in RIF
- Accommodate workers' eating needs when it's medically necessary