{"id":357711,"date":"2016-04-04T10:45:26","date_gmt":"2016-04-04T15:45:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/employment-discrimination\/subpoenas-in-sexual-harassment-cases.html"},"modified":"2025-03-19T12:54:00","modified_gmt":"2025-03-19T17:54:00","slug":"subpoenas-in-sexual-harassment-cases","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/employment-discrimination\/subpoenas-in-sexual-harassment-cases.html","title":{"rendered":"Subpoenas in Sexual Harassment Cases"},"content":{"rendered":"\n
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Subpoenas in Sexual Harassment Cases<\/h1>\n
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\n By Oni Harton, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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You may receive a subpoena if your coworker sues your employer for sexual harassment. This situation can be intimidating. You might worry about what to say or whether to testify at all.<\/p>\n\n <\/div>\n\n

A subpoena is a legal order to provide records or testify in court. This legal document will explain when and where you must appear. <\/p>\r\n

In a workplace sexual harassment case, you may get a subpoena if the court believes you have important information to share. You may have already shared this information with your employer or an investigator. Yet, the court may need to hear your testimony individually.<\/p>\r\n

If you are worried that testifying in court could get you in trouble, talk to an employment attorney<\/a> before the court date. Having a basic understanding of sexual harassment and discrimination laws can also help you prepare. <\/p>\r\n

Can I Refuse To Appear in Court?<\/h2>\r\n

Probably not. You will not likely be able to decline to appear and testify in the sexual harassment case. Unlike an acquaintance’s invitation to a dinner party, a subpoena is a court order<\/a>. It’s from the government and requires you to show up and tell the truth in the employment case.<\/p>\r\n

But, if testifying per the subpoena would implicate you in a crime, or your testimony would fall under another legal privilege, like doctor-patient or attorney-client confidentiality, you may refuse to testify.<\/p>\r\n

Even if you can’t get out of testifying (or can’t quash the subpoena<\/a>), you only have to testify about the truth you know. That’s it.<\/p>\r\n

What Do I Have To Testify About?<\/h2>\r\n

A subpoena for a harassment case asks for your honest knowledge of certain details. These details may relate to the conditions of your workplace or a specific interaction.<\/p>\r\n

You’re probably not an expert in labor law, discrimination claims, sexual harassment, or discrimination cases. So, they won’t ask you to decide whether your former co-worker has a valid sexual harassment case or whether there was a wrongful termination or a hostile work environment<\/a>. They won’t ask you whether the former co-worker experienced emotional distress. That’s not your job.<\/p>\r\n

Instead, they will likely ask you to provide your good faith recollection of a particular incident you saw. If you can’t remember the incident, you must state that fact. You leave the nuances of employment law to the employment lawyers in the civil action.<\/p>\r\n

For example, the sexual harassment case alleges that your boss made unwanted advances to the former co-worker. You get subpoenaed to testify about an alleged incident in the copy room a year and a half ago. So, you are only supposed to talk about that one incident. You should testify as much if your memory is not good or you can’t clearly remember what happened.<\/p>\r\n

Do I Need a Lawyer for a Harassment Subpoena?<\/h2>\r\n

If you feel uncomfortable responding to a subpoena without the legal advice of an attorney, you can proceed without an attorney. Or, you can hire a lawyer<\/a> and their services if that makes you feel more comfortable.<\/p>\r\n

If a subpoena calls for you to bring in documents or talk about something that may get you in trouble with the law, seriously consider at least talking with a legal professional. This is for your protection. But, in many circumstances where you have nothing to risk, hiring an attorney may be unnecessary.<\/p>\r\n

How Does a Typical Sexual Harassment Claim Lawsuit Proceed?<\/h2>\r\n

Sexual harassment in the workplace happens when a person can no longer perform their job due to inappropriate behavior. A manager could imply that performing sexual favors will result in a better position. Sexual harassment can also affect applicants. For example, a department manager may imply that the applicant must perform sexual favors<\/a> as a condition of employment. Unlike sexual assault, sexual harassment can take subtle forms.<\/p>\r\n

Laws Prohibiting Sexual Harassment<\/h2>\r\n

State law and federal law prohibit sexual harassment. Besides sexual harassment, an employee has other legal protections.<\/p>\r\n

The law protects an employee if they are a victim of any discrimination based on:<\/p>\r\n