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


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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.