The question investigators didn't ask came back to derail the employer's defense
An Oregon appeals court sent a clear message to employers: inadequate harassment investigations can come back to haunt you, especially when critical questions go unasked.
The Oregon Court of Appeals on December 17 reversed a lower court's dismissal of sexual harassment claims against Jackson County, ruling that the case must go to trial. The decision highlights how an incomplete workplace investigation can unravel an employer's defense.
The case involves Alainna Tomlinson, who worked at Jackson County in Oregon. Her male coworker, who was in his fifties while she was in her twenties, had an office directly across the hall. Their jobs required regular collaboration.
According to court records, Tomlinson said the coworker would stare at her body during conversations, focusing on her breasts and lower region. The staring was persistent and obvious, she testified. He also lingered after their work discussions ended.
Things took a disturbing turn when another employee told Tomlinson about walking into the coworker's office and seeing him with his hands in his pants, appearing to masturbate while looking toward her office. The coworker had also asked another young female employee on a date, making her uncomfortable. When he asked Tomlinson out as well, she reported his behavior to her supervisor.
Jackson County did what many employers do. They placed the accused employee on administrative leave in...
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