Sexual Harassment?

Dottie

We have a situation with a new facility (it has only been open 6 weeks) wherein an employee complained that a male supervisor had pinched her and massaged her shoulders. She said that these activities made her uncomfortable. Please note that these two employees had previously been employed together and were perceived by other employees to be friends. In the course of the investigation there were two other female employees - both brand new - who said that the accused harasser had made them feel uncomfortable as well with comments and physical contact. The physical contact could have been construed to either be sexual or not, depending on the individual. They both felt there were sexual overtones to the physical contact - arm around shoulders, hand on back, there was a mention of a pat on the behind. There was some conflicting testimony from some "witnesses." One witness testified that she was surprised to see the original complainant "wrap herself around" the alleged harasser from behind, while the alleged harasser was bending over to retrieve something from a low shelf. My take on this whole thing is that the behavior does not really rise to the level of a hostile environment and quid pro quo does not exist here. I am thinking that instead everyone from this department must undergo a comprehensive training session regarding sexual harassment in the workplace and appropriate vs. inappropriate behavior. Any opinions?

Down_the_Middle

In the absence of any addt'l compelling facts, I would agree that this would not constitute a hostile environment. Unless the activity is severe and pervasive within the organization, the example you give is probably isolated and wouldn't rise to the higher level. I think your strategy of raising awareness makes sense and will demonstrate your intolerance of this type of behavior. Presumably, the alleged harasser will also be counselled about the inappropriate activity and advised that future allegations may lead to disciplinary action, up to and including discharge.

PMI

I agree with Down the Middle. While it may not constitute sexual harassment, the accused (& possibly the accuser) are not behaving appropriately. More serious problems may arise if you are not proactive in addressing the behavior exhibited by these employees.

Gerri

I agree with Down-the-Middle, and I think company-wide training is very appropriate. You may also want to check your company policy regarding harassment issues, and make sure that your policy is up to date. If you don't have one, perhaps now is the time to develop one. Harassment training is mandated in our organization, and every employee receives the training within the first year of their employment with us, and every four years after that. We also take this opportunity to provide employees with copies of our harassment policy for review, and to remind them that there is no tolerance for such behavior.

CuriousG

You have a Sexual Harassment problem, and need to act now to stop it.

While the first employee may have acted in a manner that clouds the issue, you have uncovered two additional complaints about this Supervisor's behaviors. I commend you for your intent to train everyone in the department, however, you need to take some very specific action targeted towards this supervisor to put a stop to the behaviors that have been complained of. Be sure that everyone you talked to in this matter has received, and signed an acknowledgment for a copy of your Sexual Harassment Policy. At the very least, this supervisor needs a strongly worded reprimand for engaging in this kind of behavior, even if it began by mutual consent.

The clock is ticking. Any of these three ladies could go to the EEOC or you state or local Human Rights Agency, and file a complaint. You need to be read when it arrives with written proof that you took the complaints seriously, and that appropriate action has been taken to stop and prevent the behavior from happening again. The longer you wait to act, the more likely you will receive an adverse finding if a 3rd party investigates.