Would this be retaliation?

First off let me say this is not an ee of my company but, a relative of an ee looking for advice. I informed her that I would check the forum for their input any responses would be greatly appreciated.

Scenerio:
An ee claims sexual harassment against a supervisory in another dept. she informs the HR dept. and they did nothing at first and the harassment continued. Then she continued to notify HR will little response. She filed a suit against her employer for sexual harassment. Once suit filed HR dept. finally showed interest in her allegation. Since she has filed suit her employer has delegated most of her job duties to others. She had been a good ee with a good working relationship with her boss prior to the suit. They are threatening to bill her for OT that was approved by her boss from last year approx. $5000. The company has had similar problems with the supervisor accused and the company has done nothing to remedy the situation. The accused supervisor is also a friend of the V.P of the dept. What seems to be happening is they are trying to get the ee to quit and drop her suit.

Would you consider this to be retaliation under DEFH or EEOC?

Comments

  • 24 Comments sorted by Votes Date Added
  • On the face of it, I would have to say "yes" it sounds like retaliation. However, my .02 is tempered with the fact that this is a third-hand recount of the facts, and in my experience, information usually gets lost in the translation. The OT thing sounds fishy, but the reassigning of duties may be designed to limit her contact with the alleged harasser until the investigation is complete.
  • This one-sided story looks bleak. If they did not have a business reason to delegate her duties and they are not treating others the same in regards to the OT billing, it sounds like retaliation to me.
  • Having been down this road before, my advice to the company would be to sharpen their pencils and break out the checkbook. Wish I was a plaintiff employment law attorney right now.
  • If it looks like a duck....
  • I have to agree with most everyone else. If the facts are as stated, she has a case. It sounds like the "good ole boy" system hard at work. However, I must say that without hearing both sides of the story, I wouldn't say definately. We had a simular situation, only it involved hostile environment and the two "good ole boys", were women. In my case an ee came to HR and compalined about her supervisor, the supervisor's manager who happened to be her friend, callled an ee at home to confront the ee who she thought filed the complaint. Unfortunately, she called the wrong ee and consiquently was terminated.
  • Yes, and remember that under the FEHA employers are expected to be proactive and prevent sexual harassment. Retaliation does not go over very well with California juries - it's worse that the events which led to the retaliation.
  • The relative of the friend of a friend should know that since she 'has filed a suit' the advice she seeks and depends on should be that of the lawyer handling her suit, not the advice of the Forum experts. After totally subtracting all the 'self-serving' comments she related to you third hand, all I see is that she thinks they might have restructured her duties in response to her charge. The other things included in your post, are her opinions...'they did nothing', 'they showed no interest', 'they've had trouble before', 'he's a friend of the boss', etc. What if it turns out they they had a huge investigation underway, had counseled the offender at length and were on the verge of terminating him? She needs to settle down and see what results from her original charge, not squirm in a bed of ants seeing how she can add to it.
  • Without knowing all the details, I would say that it sounds like retaliation.
    Retaliation can take many forms for example, job transfers, poor performance evaluations, verbal abuse, demotions, or withdrawing benefits. To prove retaliation, the ee must show that there is a cause and effect link between the adverse personnel action and the sexual harassment complaint.

    Why would the company start saying that she needs to pay back the OT money? That doesn't sound right. If they tried to do that to me, I would call the DOL - especially since they already paid me for it and it was approved.

    Just my thoughts and opinions.

    LFernandes
  • It has been my experience that there are always three sides to every story. Their side, her side and somewhere in the middle lies the truth. But based on the information provided it seems like retaliation to me.
  • I agree with LeeR. This is one side of a very complicated story. Without knowing what the harassing behavior was, it's difficult to judge the company. It reminds me of a time my 16 year old daughter came in dressed as only 16 year olds can - short skirt, cropped top, etc. and complained about the 'old men' that harassed her as she walked down the street. When I asked how old, she said they must have been at least 25.

    The friend's perception of harassment might not be that of a 'reasonable person'. There are just too many missing details for any of us to comment.
  • Unrelated, but have to add this to what HRbanker said. Our engineering manager told me this morning that he's driving his ELDERLY parents to a funeral this afternoon, "Because old folks can't see to drive too well". In the light spirited conversation, as he talked about his dad and mom, I asked, "How old are your dad and mom". "They're in their early 60's", he said.
  • Hey Don,
    Isn't early 60's elderly?? ;;)
  • Trinity,
    Early 60's is downright old. Probably should have their drivers licenses taken away! You know how old people drive.
    My $0.02 worth.
    DJ The Young Balloonman
  • As with most balloons, someone is full of hot air and is floating way off course.
  • We must have a lot of 'middle agers' here, since there are no 20-somethings and no old people, either! --Myself, I plan on being a middle ager until somewhere in my early 70's.
  • Not any longer. The standards have been adjusted. You will one day see this as clearly as I do. I have a goal of reaching my early 60s, 80s and 90s. I hope you do too. The real question is, will the Forum be here for us?
  • Ok, I have thought long and hard about this and after reviewing the Senior's menu at IHOP last night, I guess you can't be considered elderly until you qualify for Senior specials, which is 65 I think..so they still have a few years as middle-agers...I know you were all sitting on the edge of your seats waiting for this revelation!!
  • As to the "unapproved" overtime, if the employer is in California, even unapproved overtime must be paid. Since it was paid, it cannot be "charged back" to the employee.

    Job restructuring (changed duties, etc.) could be part of the requirement to protect the employee and eliminate the contact leading to harassment.

    As someone pointed out above, California courts are leaning towards presumption of guilt on the part of the employer if they are not responsive to any and all complaints. Part of the investigation process has to include a resolution of some sort, whether it be discipline or a finding that the investigation is inconclusive but encouraging the complaining party to contact HR if there are any additional issues or retaliation. The complaining party should always be advised of the resolution and not left hanging.

    Asuming the facts presented are accurate, an investigation may take weeks - but most certainly not months. If the complaining party complained a long time ago and has heard nothing about the resolution, California courts would look at this as non-action. Employers are required to be proactive and responsive to complaints.
  • As has already been said, one is only as old as he/she feels and old is a state of mind. I would say that anybody who spends their evening at IHOP studying a greasy menu of ancient waffle photos is indeed either unchallenged, 'old' or needs a battery charge.
  • Thank you all for your responses. I have found out some answers for the questions being asked.

    First, there have been other harassment claims brought against this supervisor prior to this incident. They were settle out of court for a sum. Those ee's (more than one) no longer work for the company but, the offender still does.

    Second, the ee hardly had any contact with this supervisor prior to and continues not to. She sits in a separate area and the supervisor seeks her out.

    Third, the ee is married had told the supervisor(who is married too) this who proceeded to make advances and give her gifts which she rejected.

    During all of this she notified HR. This has been several months worth of harassment. Only until the suit was brought did her responsiblities get taken away from her. Basically she sits at her desk does minor things and sits waiting for work.

    Thank you all again. I believed this is a retaliation issue but just wanted second, third, forth..... opinions.
  • Shame on you INelson! You waited 20 posts to give us the ripe details that indeed do make this sound as if retaliation may have taken place and continues to.
  • It must be a sign of old age x0:) (I don't admit to being a year older than 29!! and haven't for YEARS!)

    LFernandes
  • You did forget one other option Don...PREGNANT!! Pregnant women always study greasy menu pictures of food..we try to figure out how much we can get away with ordering..

  • Sorry, Don D. I was getting the info sporadically(spell ?)but, it is very intriguing.

    I would just like to say your young at heart until you can't blow a bubble with bubble gum.
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