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Deposing the Defendant in a Workplace Sexual Harassment Case

Every sexual harassment case poses its own specific factual issues, but there are many questions that are likely to be pertinent to any such suit. It is important to prepare for the deposition of the employer by anticipating and preparing questions which will focus on the elements common to nearly every workplace sexual harassment claim. A NJ personal injury lawyer can help you prepare a thorough and penetrating examination outline for the deposition.

Training

It is important to remember that every employer has a responsibility to provide information and training to employees on sex harassment issues. It is likely that the employer’s representative will be asked specific questions about these points:

  • Did the alleged perpetrator receive employer-provided sexual harassment training?

  • How often were training sessions conducted?

  • What training was offered (i.e., a live presentation with a Q & A period, a video or recording, or merely written materials)?

  • What was the length of each training session?

  • Who provided the training?

  • Did the alleged perpetrator actually attend the training? (Was there an attendance record?)

Company Policies

The deposition of the alleged perpetrator will probably involve all of the following issues.

  • Did employees, including the alleged perpetrator, receive an employee handbook?

  • Did the alleged harasser actually review the employee handbook?

  • Does the alleged harasser actually know the employer’s policies on sex harassment?

  • What did the employer do (besides provide a handbook to acquaint employees with its anti-harassment policies)?

  • Can the deponent actually recite the employer’s anti-harassment policies?

  • Does the alleged perpetrator personally have a copy of the employer’s anti-harassment policies? Has the copy been discarded?

  • Does the employer require each employee to sign an acknowledgment of receipt of the employer’s anti-harassment policies?

  • Can the deponent give examples of specific conduct forbidden by the anti-harassment rules? Have violations of these policies occurred since the deponent was first hired?

  • What system exists in the business for investigating and dealing with harassment complaints?

  • Does the deponent recall the specific facts surrounding the incident of harassment? Does the deponent understand that the harassing behavior was prohibited by the company’s anti-harassment policies and under current law?

For a more in-depth consultation pertaining to your sexual harassment case, do not hesitate to call an experienced NJ personal injury lawyer at the Clark Law Firm, PC at (877) 841-8855.

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