SH?

Beave

I have a female Director that was going through a newly hired (4 months) male Deputy Directors desk. She finds some writtings of his that refer to her in a sexual manor. Because it wasn't out in the open and was a one time event, I can't consider it a sexual harrassment incident. Can I discipline him for anything other than being a "bonehead"?

Parabeagle

I'm curious as to why she was going through his desk in the first place, but that's another issue.

I don't think this one incident would rise to the level of hostile environment harassment, but wouldn't want to wait for her to engage a lawyer to test the theory. Deal with this minor issue NOW!

What did the female director say when she told you about these writings? Was she infuriated? Incensed? You can get a lot of clues about where this might go by looking at the behavior of the complainant.

I would sit the male director down, tell him what has occurred, confront him with the evidence and discipline him (provided, of course, your policy permits) for having inappropriate material around. If your policy defines "bonehead behavior" you may want to include that.

I am still curious about why the female director was going through his desk, though.

amwkim

My first question is why was she going through this employee's desk?

dchr9203

Depends on some other factors. First, What was she going through is desk for? Does he report to her? Second, that aside, I would wonder why he's writing sexual things about her instead of working, and then stupidly keeping it in his desk. He needs to be "counseled" that its inappropriate and warned against repeat of incident, with clear definitions of the potentital limits to his career success with your organization. Then you have the added problem if he is a subordinate to the Director, you can bet their relationship has deteriorated and most likely will not recover. What a mess!

Don D

Lot's of missing information in your scenario. Don't forget his 'reasonable expectation of privacy'. What was the material? Was he drafting a letter to a friend and mentioned he worked with a 'whore named Jane'? Or was it some fantasy he dreamed up and reduced to writing in which she played some dreamy sexual role, giving rise to a theory that she might be a target of his? Could make a lot of difference. Would be interesting to know if you have a written policy advising employees that any desk, locker, room, office or other property is open to inspection at any time and no employee should consider them private or personal. And the biggest question of all remains, what made her think she had a right to rifle through his desk?

His attorney would no doubt draw a parallel between her rifling his desk and doing the same had he left his billfold on the desk with a picture of a naked woman tucked inside it.

Beave

"His attorney would no doubt draw a parallel between her rifling his desk and doing the same had he left his billfold on the desk with a picture of a naked woman tucked inside it."

Thats the same difference to me, the way I look at it.

He reports directly to her. I don't know why she was looking through his desk but it may have been to find out what he has been up (since his performance was very lacking) to or to look for some needed paperwork. We indeed do have a policy advising employees that any property is subject to inspection and nothing here should be considered uninspectionable (is that a new word?).

It was a diary type of compilation of notes and described her body. She was embaressed and humiliated. Worried that her husband who works here would find out about it all.

This was the tip of the iceberg but I didn't wanting to really address this issue. I addressed performance and behavioral issues that should not have to be addressed with a perfessional employee at 4 months on the job. Gave him the option of resigning or being terminated. He chose the latter.

I was a little cautious with the possible SH claim down the road because the Director's position here is uncertain at times partially because of her people skills.

deltadays

Seems to me that he needs to find something better to do with his time. Frankly, I find that behavior a little spooky and weird especially to be doing at work. Companys are different, but I never considered anything private at work and I never kept anything in my desk or on my computer that I would not want anyone to see. Paranoia maybe, but then again, it is a work environment.

Don D

"It was a diary type of compilation of notes and described her body. She was embaressed and humiliated. Worried that her husband who works here would find out about it all."

I think based on this revelation, I would terminate him, period. If he is describing his supervisor's body, a person of a different sex, one of them needs not be in the environment, and he is the one to climb into the jettison chute.

Period.

Crout

Beave, if I read your last post correctly, you allowed the EE to resign, but you're worried that the Director will bring up a claim of sexual harrassment if she's let go if the future....right? Well, you took prompt, remedial action by getting rid of the EE, so while she could claim ANYTHING she wants to, the fact is that it would be baseless.

Beave

I gave him the choice to resign or be terminated based on several failure to follow directives, performance and behavioral issues. He chose the termination route.

Parabeagle

Smart move on his part. If he let you terminate him for performance-related issues (i.e., just an inability to perform th functions of the position) and not misconduct, he's likely to receive unemployment.