When an employer is faced with an allegation of sexual harassment in the workplace, it is inevitable that one “side” of the story will be credited over the other. This decision needs to be made in the moment, as the employer works to take the “effective remedial action” as promptly as possible.
In an April 21 opinion in Lucchesi v. Day & Zimmerman Group by Judge Gene E.K. Pratter of the U.S. District Court for the Eastern District of Pennsylvania, the court addressed whether disparate conduct of an investigation into allegations of harassment and the results of the investigation can give rise to a claim of disparate treatment in violation of Title VII.
