Case Background

Our client, Xiao De, is a senior executive at a company. Through a certain work opportunity, Xiao De had more interactions with his subordinate, Xiao Yi. During daily chats, Xiao De developed a liking for Xiao Yi. Their conversations covered a wide range of topics, including personal thoughts and feelings, which led Xiao De to believe there was a possibility of a relationship with Xiao Yi.

During a company trip, due to the good atmosphere, Xiao De suddenly decided to express his feelings to Xiao Yi. However, Xiao Yi, due to concerns about office romance, did not immediately accept. Nevertheless, they continued chatting the next day, discussing their future. Unexpectedly, Xiao De later received a message from Xiao Yi demanding an apology for his "overstepping" behavior, claiming that he had forcibly kissed her. This sudden accusation left Xiao De shocked and confused, as he did not recall any such action. Despite this, the company's Gender Equality Committee deemed it sexual harassment, significantly impacting Xiao De's career.

Our Practical Experience

Workplace sexual harassment, according to the Gender Equality in Employment Act, can be divided into hostile work environment, quid pro quo sexual harassment, and power harassment. Sexual crimes are complex and often highly secretive. If only the accused and the victim were present at the time of the incident, it is usually challenging to determine the truth due to conflicting accounts. Therefore, preserving evidence and protecting oneself is crucial in handling such cases. If the parties involved might face misunderstandings or false accusations, all conversations, message records, and other evidence proving the situation should be properly preserved and analyzed for self-defense when needed.

In this case, with the joint efforts of our law firm's team of lawyers specializing in sexual harassment investigations and rich experience in handling sexual crimes, we analyzed all the conversations and records. Eventually, we persuaded the company to revoke the sexual harassment determination for our client.

[Continue reading：What responsibilities do employers have in the face of workplace sexual harassment?]