Sexual Orientation Harassment
Cindy Davis
4 Posts
I am writing from the State of Michigan. Our state currently has no laws protecting individuals from sexual orientation harassment. However, this particular business has its own EO Policy which includes sexual orientation harassment as prohibited.
Background: A gay male filed a complaint of sexual orientation against another male colleague. He states that the harassment is creating a hostile work environment for him.
What has occurred: The accused has written a document and distributed it widely indicating that the gay male has created work in which his "love interest" been assigned too. He also published both partner's addresses to establish that they have a common residence.
The accused indicates that he does not have an issue with gay people or the fact that they both work together in the same company. He has an issue with one partner being in a position of management that create jobs and assign jobs to his "love interest," thus potentially taking work away from the accused. It should be noted that this business does not have a nepotism policy.
My question is: Has harassment occured? I have my opinions, but I will reserve them until I hear what others think. Thank you for your help and interest.
Background: A gay male filed a complaint of sexual orientation against another male colleague. He states that the harassment is creating a hostile work environment for him.
What has occurred: The accused has written a document and distributed it widely indicating that the gay male has created work in which his "love interest" been assigned too. He also published both partner's addresses to establish that they have a common residence.
The accused indicates that he does not have an issue with gay people or the fact that they both work together in the same company. He has an issue with one partner being in a position of management that create jobs and assign jobs to his "love interest," thus potentially taking work away from the accused. It should be noted that this business does not have a nepotism policy.
My question is: Has harassment occured? I have my opinions, but I will reserve them until I hear what others think. Thank you for your help and interest.
Comments
In my opinion, Accused has placed the company in the direct path of a lawsuit. The company should conduct an investigation and discipline the violators of company policy. Gay Male may have a valid complaint about the document and he followed policy. Gay Male may need discipline if he was showing favoritism and if that violates policy. Accused took it upon himself to discipline Gay Male publicly, he did not follow policy and he may have slandered Gay Male.
This could be construed as harassment, but we would probably need to know more of the facts. Also, same-sex sexual harassment is prohibited by discrimination laws, and that may come into play.
Even if this type of behavoir doesn't exactly fit within the company policy or the law, it should be taken seriously.
Good Luck!
Why do you feel this could be construed as harassment?
Maybe I am misreading the facts, but it seems that the employee who first complained felt that his working environment was hostile. But I can't tell from the scenario given, what facts support that statement. I'll bet there are some. Also, I find this circulating of the letter about the person complaining to be particularily disturbing. What was the purpose of doing that -- if not to try to entice others to join in on the giving that person a hard time. And that fact that the employee who was complained about put the home address on the letter for all the other employees to see -- it seems like the purpose was to invite trouble.
But all that being said, whether or not conduct rises to the level of a hostile working environment or is actionable harassment is an extremely factually intense inquiry. I just don't feel comfortable saying that harassment is not there without seeing all of the facts laid out.
Theresa