is it legal to punish one employee for sexual allegations and not the other?

There is proof that it was consensual.

Asked on March 1, 2012 under Business Law, North Dakota


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Usually in work place sexual harassment issues, both need to be punished or spoken to or reprimanded if a third party overheard the conversation or was offended by the discussions. However, even if it were consensual, the issue becomes whether it truly was consensual and who did the complaining. If you feel you were wrongly singled out, file a complaint or seek legal counsel.

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