Sexual Harrasment
TN HR
1,170 Posts
I'd like to run this by the Forum, just to make sure I have not left any stones un-turned. I welcome any feedback, comments or suggestions!
We have an non-exempt ee (QA Technician) who just came back from FMLA. Her and the plant manager ate lunch together, just to cath-up on things. Sometime during this conversation, she mentioned that, prior to going on FMLA, she had been the victim of sexual harrasment. She was not any more specific than this. The manager reiterated our policy, said that she needed to give him all of the details so that he could do something about it, etc. She stonewalled him and stated, several times, that she would absolutely not say anything else, that she had asked the person to stop, he did and that was the end of it.
Plant manager comes to me and relays the information. I ask the employee to come see me, and I explain to her that I have a responsibility to act on this sort of information, reiterate our policy, etc, etc. I get the same brick wall.
I reduce the situation to writing, place a memo in her file, case closed. Is there anything else that I should do?
Thanks!
Gene
We have an non-exempt ee (QA Technician) who just came back from FMLA. Her and the plant manager ate lunch together, just to cath-up on things. Sometime during this conversation, she mentioned that, prior to going on FMLA, she had been the victim of sexual harrasment. She was not any more specific than this. The manager reiterated our policy, said that she needed to give him all of the details so that he could do something about it, etc. She stonewalled him and stated, several times, that she would absolutely not say anything else, that she had asked the person to stop, he did and that was the end of it.
Plant manager comes to me and relays the information. I ask the employee to come see me, and I explain to her that I have a responsibility to act on this sort of information, reiterate our policy, etc, etc. I get the same brick wall.
I reduce the situation to writing, place a memo in her file, case closed. Is there anything else that I should do?
Thanks!
Gene
Comments
Your memo may already serve this same purpose; but, consider that she later files a charge including a comment that the company did nothing about an earlier claim. It would certainly counter that claim to show that you indeed did do something about it by suspending her for three unpaid days for failure to cooperate with the investigation. But, as I said, your file memo may do the same thing.
My creative imagination makes me want to wonder just why a plant manager would take a non-exempt to lunch to 'catch up on things' only to have the conversation turn to sexual harassment. Keep her file out on your desk just in case. I think you'll hear from her again soon.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
I, too, share in your concern that I will hear from her again. This is why I want to make 100% certain that I am covering all bases.
My stance would be that they have to disclose the details or they risk losing their job.
The casually reported behavior may be a strategy to "get" the company later, but just having the supervisor briefly document the conversation and his/her questions and the "stonewalling," plus your similar experience is all you can really do now.
While there are several "worries" one might have about this, the one that bothers me and which might be worth a follow-up conversation, is whether or not the offending EE is doing this to others who are too intimidated to report it.
I have interviewed the complainant, informing her of the company's policy on sexual harassment and appropriate steps she should take. Complainant states that she told the harasser that she was uncomfortable with his actions, and he has since stopped the harassing actions. This is in compliance with the company's first step. Complainant later mentioned the harassment to a co-worker in an informal atmosphere. Because the co-worker is not a direct supervisor, the employee has been given a reminder (or a warning) to follow the proper procedures for future complaints.
In conclusion: Complainant states that the harassing behavior has stopped, and she does not wish to pursue this matter any further. Complainant verifies that she wishes for this matter to be dropped, and is making this decision of her own free will, and is under no coercion to do so. Complainant understands that because she is unwilling to disclose any further details, then the company has no choice but to stop the investigation here. Complainant further agrees that any further discussion of this matter with employees not in the investigation process, will be considered a breach of confidentiality and will be subject to discipline. Complainant understands that any further acts of harassment should be reported immediately according to company policy.
I see no value in TN HR closing his door and engaging in some sort of crystal ball speculation about what he 'feels' might be going on. And worse yet, acting on his 'feeling' about what 'might' be going on. I can see a real, live Dilbert series in that.
I'm not familiar with the school of thought that holds you should not proceed with an investigation but have a duty to go through a 'feeling' exercise to come up with a plan for training that addresses something for which you have no evidence.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
I was leaning to agree with the post to document the incident and so on for any future developments...but then I got to thinking....
uh this person never said this S/H ever happened on the job, that it was even another ee, or if the incident falls within the defintion of S/H..
so I'm kinda leaning now to blowin this off as much ado about nothing.... I suppose it wouldn't hurt to throw a speedy memo in the file .....
hate to make business decisions on a "what if", but ya can only second guess so much and here I just don't see a guess is necessary.
PS: Although your profile says you are a female, and I don't want to second guess your parents, but I'm guessing you made an error in setup.
I am not sure how big the department is where this ee works, but I do not think it would be unreasonabel to talk to her coworkers to see if they have noticed anything out of the ordinary. Has there been anyone that she has commented about not liking to work with. Anyone that they have seen or heard make inappropriate comments to or about this ee? Anyone that any of the other ees have had a problem with treating them inappropriately? Have they noticed a change in the ee's behavior? Has she talked to them about her feelings? Is she close to anyone at work that you can talk to, someone she confides in. If all of this comes up empty, you are still able to show that you took measures to identify and stop any misconduct, saving your affirmative defense. Depending on the size of the group, you may not want to talk to everyone. Does she work a particular shift, with the same people? I wouls start there. Other than that, I don't see where there is much else you can do.