PRACTICE AREA(S): Labor and Employment
CLIENT / INDUSTRY: Public Employer
ATTORNEY(S): Rick Goddard
Situation Summary
Calfee was hired by an employer to investigate and defend against a female employee’s claims of sex discrimination, sexual harassment, hostile work environment, and retaliation by her immediate supervisor. With the threat of litigation, her attorney had made a settlement demand of nearly $2 million.
Calfee Approach
By investigating the claims, Calfee established that the employee and her supervisor had engaged in a multi-year, consensual, adulterous relationship which the supervisor finally had ended. Calfee also confirmed that the employee had failed to report any of the supervisor’s allegedly discriminatory or harassing behavior as required by the employer’s policies and procedures. As a result, the employer should not be liable for the supervisor’s misconduct.
Resolution
At the conclusion of Calfee’s investigation, the employer immediately discharged the supervisor and counseled the female employee regarding her own behavior, expectations for her future performance, and the need to report alleged misconduct by others as required by internal policies. To date, no litigation has resulted from the allegations, and overall legal costs to the employer were minimized.
The results described in each case study are dependent on the specific factual and legal circumstances of the matter described, and constitute neither legal advice nor a guarantee of similar results with respect to any other matter.