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Depends if the gathering was non-business related. If the gathering had any thing to do with business/work then yes they can take action. But if it is purley soical and not realted to work in any way, then there should be nothing that they can do. She how ever can file a sexual harassment charge with the police.

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Q: Can your employer penalize you will a sexual harassment charge by a fellow employee if you were out with a group of coworkers at a social gathering after work hours off of the clock?
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