Employer Insists on Psychosexual Exam for Employee That Complains of Harassment

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Hey Compliance Warriors!


Check out this insane case. How bizarre that an attorney would even support the argument an employer wanted to make that the female employee who complained of harassment was basically asking for it because she may have enjoyed consensual sexual activity in the past.


Plaintiff Maria Angelica “Angie” Carbajal alleged that Defendant Hayes Management Service, Inc.’s president and owner, Chris Hayes, sexually harassed her and subjected her to a hostile work environment, and then retaliated against her for filing this action, in violation of Title VII of the Civil Rights Act of 1964 and the Idaho Human Rights Act. Carbajal requested damages on various grounds, including compensatory damages for losses resulting from “emotional distress consisting of outrage, shock, and humiliation.”


In September 2020, Hayes Management requested that Carbajal submit to a psychosexual evaluation “given the nature of her allegations and her behaviors while an employee of Hayes Management Services, Inc.” Carbajal and her attorney objected to the request, explaining: “there is no basis for a psycho-sexual evaluation of Ms. Carbajal in this case. That is completely inappropriate here. As you and your client are likely aware, psychosexual examinations are used in criminal actions regarding sex offenders, typically to determine whether they will reoffend. Obviously, we would object to any attempt to subject Ms. Carbajal to any such exam as there is no basis for that in this civil case as to Ms. Carbajal.”


Long story short, the court found that Hayes Management’s request that the mental examination take the form of a psychosexual examination — an examination reserved for criminal defendants convicted of sexual offenses — was not substantially justified, the Court not only denied Hayes Management’s request for a psychosexual examination but also awarded Carbajal’s attorney fees in responding to the motion.


Read the case for yourself here: https://scholar.google.com/scholar_case?case=18125543610852366969&hl=en&as_sdt=6&as_vis=1&oi=scholarr


Be Audit-Secure™!


Lisa Smith, SPHR, SCP

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Lisa Smith, SPHR, SHRM – SCP

Certified EEO Investigator (EEOC)

Lead Support and Content Chief – HelpDeskforHR.com

“You cannot be audit-proof, but you can Be Audit-Secure.”

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