Sexual Harassment & Racial Retaliation
HCA
72 Posts
After sexual harassment training, employee (female) reports that in September another employee (male) touched her arm and tried to hold her hand. Thought it was wierd and creeped her out. Only thing she wants is for male to stay out of her department. Not seeking termination, etc. Didn't report it until her supervisor told her she should. I investigate. Speak to male. Probably happened...can't remember, but possible. He understands it wrong, explain that I will write report, etc, etc.
Half hour later, male appears in office. He has "one to report too, and he has witnesses." I ask him to write down details and report to me in an hour. Male reports to my office. Male is Native American. Female (same one who reported touching) made derogatory racial comments in front of this male in July (specifics: Four employees on smoke break discussing the Indian health system. One employee saying to Male, why do you work when you can get free insurance through tribe. Female employee chimes in with how her taxes are paying for that system, it is wrong and all the indians should get a job.)
I spoke to one witness and believe the comments occurred. However, during my conversations with male, it is CLEAR that he is only reporting because she complained about him this morning. He states it didn't really bother him until now.
Number one: It's retaliatory.
Number two: Do I really need to investigate any further? The comments were just opinions of the female. Although they were inappropriate, I don't believe they rise to the level of harassment.
Half hour later, male appears in office. He has "one to report too, and he has witnesses." I ask him to write down details and report to me in an hour. Male reports to my office. Male is Native American. Female (same one who reported touching) made derogatory racial comments in front of this male in July (specifics: Four employees on smoke break discussing the Indian health system. One employee saying to Male, why do you work when you can get free insurance through tribe. Female employee chimes in with how her taxes are paying for that system, it is wrong and all the indians should get a job.)
I spoke to one witness and believe the comments occurred. However, during my conversations with male, it is CLEAR that he is only reporting because she complained about him this morning. He states it didn't really bother him until now.
Number one: It's retaliatory.
Number two: Do I really need to investigate any further? The comments were just opinions of the female. Although they were inappropriate, I don't believe they rise to the level of harassment.
Comments
I realize that many people are not comfortable with this, but it is still important to let the person know. Much of what one person considers offensive may not be so to another.
I agree with Don that you should treat this matter seriously and follow your investigative rules.
Did M. Lee Smith Publishers hire you to answer every post that comes through. If you have a full time job, where do you find the time? Don't get me wrong, you provide excellent information, but I see you everywhere.............Just curious!
Tina Marie
Sorry, didn't mean to offend you! Your posts are great. It is just time consuming enough looking, researching etc., and I was just curious as to how you do it and you explained, thanks. Knock yourself out, as I appreciate your valuable info.
The only thing I would add to the above advice is I always warn both parties involved in any kind of a conflict not to retaliate. Retaliation will be dealt with as a separate problem and dealt with per policy.
In so many posts I saw that Don D had such a great sense of humor. Guess my humor was too dry! I really, really was curious, as there are not enough hours in "my" day. I promise not to retaliate. I deal with that as a separate issue as well, and oh, by the way, in case anyone thinks otherwise, I LOVE THE HR PROFESSION !!! Regardless of my accounting background. I have been an HR professional for over 8 years now and find my accounting background to be very, very valuable.
I was just thinking if I had the time and energy to provide so much valuable feedback to HR professonals, I would consider starting my own consulting business ~ Oh well, just my take on it.
Tina Marie
Time to move on. x:D
By the way, I can see why even someone we consider an expert like the Great Don D would not want to move in to consulting. One of the joys of HR is the day-to-day contact with the staff. We know we make a difference in people's lives every day. As a consultant, you probably don't get to see the fruits of your labors like we do. OK, I admit our jobs can feel thankless sometimes, but on those thankless days, just take a walk around your facility and chat with a few employees. You'll be reminded how many lives you've actually touched.