Attempts to blame sexual harassment on plaintiff backfire

One of our primary roles as attorneys is to protect our clients from their worst instincts, like this one: “Let’s file a motion to require a sexual harassment plaintiff to submit to a psychosexual examination.”

Umm, no.

It should seem obvious that this isn’t a great idea. However, it’s not fiction or hypothetical. In a recent case, a federal court decided the propriety of just such a motion (very much) in the employee’s favor. (Carbajal v. Hayes Management Services, No. 4:19-cv-00287-BLW, DC ID 2022)

A psychosexual examination is an evaluation that specifically addresses sexual development, sexual deviancy, sexual

Read more