Defending Against Workplace Sexual Harassment Allegations: Key Strategies
Sexual harassment allegations in the workplace carry serious consequences. Careers, reputations, and livelihoods can be impacted before any formal investigation concludes. At Law Offices Of Charles P. Boylston, we’ve worked with individuals facing these claims and know how important it is to approach the situation with precision, caution, and professionalism.
In California, employment law provides broad protections against harassment, and it also outlines a process for responding to allegations. When defending against sexual harassment claims, we focus on protecting due process, preserving professional dignity, and preparing a sound legal response.
An Intro to the Allegation and Legal Context
The first step is understanding what the allegation actually involves. California’s Fair Employment and Housing Act (FEHA) prohibits harassment based on sex, gender identity, gender expression, or sexual orientation. Allegations may relate to verbal comments, physical conduct, digital communications, or perceived conduct.
These allegations can arise in different workplace relationships—between peers, supervisors and subordinates, or even between clients and employees. It’s critical to determine the exact nature of the complaint, the dates or time frame involved, and whether the behavior was repeated or a single instance.
We also look at the reporting process. Was the complaint filed through human resources? Was it made anonymously? Did it trigger an internal investigation? Understanding how the complaint arose shapes our defense strategy from the start.
Securing Legal Representation Immediately
Once someone is informed they’re under investigation for sexual harassment, legal representation becomes essential. Speaking with HR or responding to emails without legal support can lead to statements that may later be taken out of context. We always advise against informal conversations about the matter.
As employment law attorneys in California, we approach each case by first controlling communication. That includes limiting direct contact with the accuser, avoiding public commentary, and not discussing the matter with coworkers.
Preserving confidentiality is not just about protecting reputation—it's often required by company policy and can impact the outcome of the case.
Preserving Evidence and Records
When preparing a defense, documentation becomes critical. We gather any relevant communications, including:
Emails, texts, or messages exchanged with the accuser
Calendar records and schedules
Witness statements or notes
Performance reviews and HR documents
The goal is to preserve all records that could support your version of events. If you believe the behavior was misinterpreted or taken out of context, we want evidence that supports that position. On the other hand, if the allegation is entirely fabricated, we need to demonstrate inconsistencies or a lack of supporting facts in the complaint.
We also review whether any witnesses observed the interaction or can speak to the general behavior of the accused. Third-party accounts can play a significant role in verifying or refuting claims.
Responding to Internal Investigations
Once an internal investigation begins, it’s important to cooperate professionally without compromising your rights. We help our clients participate in interviews or submit statements in a way that reflects the seriousness of the allegation without admitting to behavior they deny.
Investigators are often hired by the employer but may be external consultants or law firms. These investigators are trained to ask open-ended questions and may try to draw out admissions. That’s why we prepare clients in advance, helping them stay focused, factual, and respectful throughout the process.
If a written response is required, we review the employer’s policies and procedures to tailor our response accordingly. Consistency is key—any inconsistencies between statements, emails, or recollections may be used to undermine credibility.
Addressing Retaliation Claims
Sometimes, those accused of harassment are also accused of retaliation if the accuser believes they were treated unfairly after filing the complaint. California employment law prohibits retaliation against someone who reports harassment, even if the underlying claim isn’t substantiated.
We help clients avoid any action that could be perceived as retaliatory. That includes changing the accuser’s work schedule, limiting communication, or excluding them from projects. Even if those decisions are driven by operational needs, they may be scrutinized later.
If retaliation claims do arise, we prepare a separate defense that focuses on objective factors—workplace needs, performance issues, or restructuring decisions that predated the complaint. It's critical to separate those facts from the harassment allegation.
An Intro to Intent and Impact
In California, sexual harassment doesn’t require proof of intent. What matters is how the behavior was perceived by the person experiencing it. That distinction shapes how we approach the defense.
We often work with clients who say, “I didn’t mean anything by it.” That may be true, but the impact is what drives the legal standard. So we shift the focus to whether a reasonable person in the accuser’s position would have found the behavior offensive, inappropriate, or unwelcome.
By framing the defense around context and perception, we prepare for how the claim will be evaluated by internal investigators, agencies like the Department of Fair Employment and Housing (DFEH), or, if it proceeds, the courts.
When Claims Are Tied to Performance or Workplace Conflicts
We sometimes see sexual harassment claims arise in the middle of unrelated workplace disputes. If someone has received negative feedback or is facing disciplinary action, they may file a harassment complaint to protect their position or gain leverage.
That doesn’t mean the complaint is false, but it does mean we should look closely at the timeline. We analyze whether there’s a connection between the complaint and other workplace events. Were there arguments or documented conflicts? Was the employee under review? Has there been a pattern of filing complaints in similar situations?
When these factors are present, we help present them clearly and neutrally. The focus remains on the facts, not assumptions.
Working Through Administrative Processes
If the allegation moves beyond the employer and into state agencies, the legal process becomes more formal. In California, the DFEH may conduct its own investigation if a complaint is filed. We assist clients in responding to DFEH requests, preparing position statements, and participating in interviews.
We also manage deadlines and procedural steps to keep the case moving. These processes can be time-consuming, but responding with professionalism often sets the tone for how the case is ultimately resolved.
Whether a settlement is discussed or the matter proceeds to litigation, we stay involved throughout the process. Employment law procedures differ from criminal cases, and knowing how California applies them helps us develop an approach that protects our client’s rights.
Preventing Future Allegations
After resolving a case, many of our clients want to prevent future allegations. Even if the complaint wasn’t substantiated, the experience often leads to a reassessment of behavior and communication.
We encourage clients to participate in harassment prevention training, clarify professional boundaries, and adopt a more cautious approach to conversations and interactions. That doesn’t mean changing one’s personality—it means being mindful of how others may perceive tone, humor, and comments.
Employers may also revise policies to support clearer reporting structures, reinforce zero-tolerance policies, and establish accountability measures. Those steps not only protect others but also provide a clearer path for defense if new allegations arise.
Key Takeaways for Defending Against Allegations
When facing a workplace sexual harassment allegation, we focus on the following:
Secure legal counsel before responding to any allegations or investigations
Avoid informal conversations or direct communication with the accuser
Preserve all communications, records, and evidence
Prepare for internal investigations with a consistent, factual approach
Understand the legal definitions and how impact—not intent—drives liability
Review timing and context, especially if performance issues are present
Remain professional throughout the process to avoid retaliation claims
These principles align with the obligations and defenses provided under California employment law. Every case has unique facts, but these steps offer a starting point for building a strong, respectful defense.
An Intro to Employment Law in California
California’s employment law reflects the state’s emphasis on workplace rights and accountability. We’ve seen how the state’s policies affect both employees and employers when sexual harassment claims arise. The laws are designed to encourage reporting, provide fair procedures, and limit abusive conduct.
For individuals accused of misconduct, employment law offers important procedural protections. We rely on these to make sure our clients are treated fairly, given a chance to respond, and allowed to correct misunderstandings when possible.
By applying the standards set by California’s employment regulations, we help our clients work toward resolution with honesty and respect.
Moving Forward After a Resolution
Once a case is resolved—whether through dismissal, internal conclusion, or settlement—it’s important to move forward professionally. We often help clients prepare statements, adjust roles, or manage transitions that support a healthy workplace environment.
Those transitions can include returning to work, taking a new position, or establishing new communication protocols. In some cases, the employer may also offer coaching or HR support as part of the resolution. We review those options carefully to help the client maintain credibility and professionalism.
Moving forward also means understanding the broader impact of employment law in shaping workplace behavior. By respecting those standards, our clients are better prepared for future roles and responsibilities.
Call the Law Offices Of Charles P. Boylston Today
Allegations don’t define a person or a career. With the right approach, they can be addressed fairly and resolved constructively. We serve clients in Temecula, California, and beyond. Get in touch at the Law Offices of Charles P. Boylston today.