Can an employer rehire a person that was involved in a sexual harresment at work?

A co-worker accused me of sexual harassment while at work, which I never

did. She gave me her number and we texted each other back and fourth. She

sent me pics and I sent her pics, however never while at work. I fell in love with her but we never had sex. I found out that she is married and I told her husband what she was up to. She then went and acussed me of sexual harassment. Our employer fired us both because they have a zero tolerance on sexual harassment. Yet they rehired her back 2 weeks later. I was wondering if they can do that and do I have a

lawsuit?

Asked on March 1, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A "zero tolerance" policy is only an employer's own interal guidelines or policy--it is not legally enforceable, is not required by law, and the employer can change, revise, or ignore it at will. So they have done nothing actionable (nothing you can sue over) by rehiring her, and can rehire her without also rehiring you.


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