Harassment

We recently had a female employee complain of receiving a call at home from a co-worker, also at home, that was sexually explicit and mildly threatening. We urged her to make a police report, which she did not do. I interviewed the co-worker and of course received an entirely different story. I asked him to never again call
her at home and not to mention the incident to her, even in the form of an apology. Have we overstepped our responsibility as a company since
this happened with both employees outside of work?


Comments

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  • If all of the conduct happened outside of work and the harasser in this case is not a supervisor or manager, you have probably done more than the law requires of you from a sexual harassment standpoint. You are correct that the harassed employee's redress is through the police.

    However, it is rare that this kind of conduct is only taking place outside of work. You do need to ensure that the harassee has not had other conduct in the workplace because you are responsible for addressing that. For example, does the harasser call her at work, drop by her desk, repeatedly ask her to go to lunch, tell her sexually explicit jokes, etc.? If so, you need to address these behaviors with the harasser. Explain to the harassee that you are concerned about what happened to her but cannot address things that happen outside of work. Assure her, however, that you will deal with any behavior that occurs in the workplace, that your company will never allow an empoyee to be sexually harassed or threatened in the workplace. Be sure you document this conversation, whether there has been workplace harassing conduct or not.

    The second issue is the mild threat. What was it? Is it of a violent nature? You do need to be aware of a potential threat that could lead to a workplace violence incident. You also may have some responsibilities for dealing with an employee that you are aware has a violent nature and threatens other employees.

    If I can be of further help, do not hesitate to contact me at 615-371-8200.


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