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Sexual Harassment or Inappropriate Conduct

GarGar 347 Posts
in HR & Employment Law Vote Up0Vote Down
A old fashioned supervisor keeps tabs on all her employees to the extent that they must get her permission even to go to the bathroom. She supervises men and women and treats all the same. A young, female employee was on her cycle and feeling sick. She asked the supervisor for permission to use the ladies room. The supervisor told the employee she didn't believe she was on her cycle and that she had to "prove it." They went to the ladies room where the employee showed the supervisor the sanitary napkin she was wearing. The employees in the supervisor's organization are afraid of the supervisor, hence the reason the employee complied. We are in the process of taking strong disciplinary action against the supervisor. However, the question has arisen as to whether the supervisor's behavior constitutes sexual harassment or outrageous and inappropriate behavior. Remember, she treats all her employees, regardless of gender, the same.
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Comments

  • 4 Comments sorted by Votes Date Added
  • skipperskipper 9 Posts
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    At the VERY least the supervisor's conduct is inappropriate. Would the supervisor follow a man into the men's restroom for "proof" of something, such as an intestinal disorder?
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  • Down_the_MiddleDown_the_Middle 771 Posts
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    In the absence of other similar behavior by the supervisor I would not think that this isolated incident rises to a hostile work environment situation. While extreme and certainly inappropriate, you've not mentioned that there is a pattern. Quid pro quo seems doubtful since you didn't mention any such activity by the supervisor.

    This looks to be a supervisory conduct issue. Good luck trying to transform this 60's style supervisor into the 21st century.
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  • Theresa Gegen TXTheresa Gegen TX 814 Posts
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    It is probably not actionable as sexual harassment BUT the supervisor may have invaded the employee's privacy. This type of behavior cannot be tolerated by the company. This type of action can put the company at risk even if sexual harassment has not occured. An employee could sue for a variety of torts. And the point about an employee needing to use the restroom for a medical condition is very important. This type of behavior could be harassing to an employee with a disability who needs to use the restroom more frequently.

    Good Luck!
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  • RockieRockie 2,136 Posts
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    This supervisor should be disciplined to the fullest extent available. I have never heard of such derogatory and outrageous treatment being tolerated by a company. This supervisor is a lawsuit waiting to happen - if not for sexual harassment, then for invasion of privacy, etc. Even if the company is not sued, the supervisor should be informed that she might be held personally liable for her conduct.

    This individual definitely does not belong in a supervisory capacity. (or maybe any capacity).
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