I&#x27;ll ignore your strawman entirely.... and just say: If the OP wants to protect his business, the offending employee&#x27;s intent is immaterial when it comes to exposing himself^ and his company to undue legal risk.<p>^ IIRC in California managers (as company representatives) are personally liable if they knew of the harassment and didn&#x27;t take corrective action.<p>OP needs to lawyer up, deal with this, and address harassment more broadly in the company. Sucks to deal with... but is mandatory training for all medium-to-big companies.