Californian court recently held that it was not retaliation when the employer took disciplinary action against an employee who filed a false report of harassment. (Joaquin v. City of Los Angeles)
In this case, a police officer sued the City of Los Angeles, claiming that his termination was retaliatory and in violation of the Fair Employment and Housing Act (FEHA). The officer asserted he was fired because he filed a sexual harassment complaint against a sergeant. At trial, the jury verdict was in favor of the Plaintiff; however, the Appellate Court found in favor of the City.
The Appellate Court stated that in appropriate circumstances, an employer could discipline or terminate an employee following a compliant of harassment if it is determined that the charges were false. The City’s stated reason for the termination was that the officer fabricated the sexual harassment complaint which was a legitimate, non-retaliatory reason for termination.
While employers are prohibited from taking any “adverse employment action” against an employee who has brought forth a complaint of workplace misconduct, the Court stated that this prohibition does not permit employees to make baseless claims to advance their own retaliatory motives and not suffer any consequences for their actions.
What Should I Do?
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Create and implement a policy prohibiting sexual harassment in the workplace;
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Communicate the policy to all employees;
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Include in the policy a detailed complaint and investigation procedure;
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Follow the procedure and undertake a timely, thorough and unbiased investigation into the complaint;
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Document the findings;
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Undertake appropriate disciplinary action against whomever has engaged in the wrongful conduct – whether it be the person filing a false complaint or the person against whom the legitimate complaint has been made.