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SWENSON v. POTTER

No. 98-16799.

271 F.3d 1184 (2001)

Melody S. SWENSON, Plaintiff-Appellee, v. John E. POTTER, Postmaster General of the United States of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 30, 2001.

Attorney(s) appearing for the Case

Donald E.J. Kilmer, Jr., San Jose, California, argued the cause for Appellee.

Irene M. Solet, United States Department of Justice, Washington, DC, argued the cause for Appellant.

Before: KOZINSKI, FERNANDEZ and W. FLETCHER, Circuit Judges.

OPINION

KOZINSKI, Circuit Judge.

When an employee accuses a fellow employee of sexual harassment, the employer must reconcile competing rights: the accuser's right to a harassment-free workplace and the accused's right not to be disciplined without fair procedures and sufficient proof of wrongdoing. The employer, too, has a legitimate interest in resolving the dispute with the least possible disruption to its operations...

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