Changing a supervisor after employee complaint?
Georgia Peach
8 Posts
Hi -- new to the forum just today and I LOVE it! Will try to summarize this situation:
Female employee filed grievance against male supervisor alleging sexual harassment. Isolated incidents of inappropriate comments and touching - we do not think the supervisor was "intending" to sexually harass her (just too dumb to know how to behave properly). He was counseled appropriately by his manager and the female employee was advised that action had been taken. (The really bad thing is the manager directly knew about her complaints and failed to take ANY action until she filed a grievance and I forced him to! But that's a whole other issue...)
At present, she is on a transitional employment plan and therefore working in a different area until her doctor releases her to partial or full duty at her actual job as a housekeeper, under the alleged harasser's supervision. Once and if she is released to her job, she REFUSES to work for the alleged harasser again, stating she is terrified of him and sick from stress because of him (I feel sure she is exaggerating but I know she is having some problems.) The supervisor himself does not care for her, did not want her in the position, protests his innocence (even though witnesses validated her complaint), and is scared to have her back.
We have told the complainant that her supervisor will not be changed because of this one complaint. She states "no judge in the world would make me work for that man again". We are afraid of setting a precedent where an employee can complain and get a new supervisor, thereby constantly disrupting our organizational structure and causing general chaos.
Any advice???????
Female employee filed grievance against male supervisor alleging sexual harassment. Isolated incidents of inappropriate comments and touching - we do not think the supervisor was "intending" to sexually harass her (just too dumb to know how to behave properly). He was counseled appropriately by his manager and the female employee was advised that action had been taken. (The really bad thing is the manager directly knew about her complaints and failed to take ANY action until she filed a grievance and I forced him to! But that's a whole other issue...)
At present, she is on a transitional employment plan and therefore working in a different area until her doctor releases her to partial or full duty at her actual job as a housekeeper, under the alleged harasser's supervision. Once and if she is released to her job, she REFUSES to work for the alleged harasser again, stating she is terrified of him and sick from stress because of him (I feel sure she is exaggerating but I know she is having some problems.) The supervisor himself does not care for her, did not want her in the position, protests his innocence (even though witnesses validated her complaint), and is scared to have her back.
We have told the complainant that her supervisor will not be changed because of this one complaint. She states "no judge in the world would make me work for that man again". We are afraid of setting a precedent where an employee can complain and get a new supervisor, thereby constantly disrupting our organizational structure and causing general chaos.
Any advice???????
Comments
Frankly I'm a little surprised you didn't terminate the manager when you discovered the housekeeper's allegations had merit (especially after getting witness confirmation that the supervisor acted inappropriately). At a minimum it sounds like your supervisors need training in what constitutes inappropriate conduct. I think you're facing a much worse situation if the victim goes back to work for the supervisor who harassed her, especially if she's claiming that the resulting stress is causing her problems. That has not only implications for a potential workers' comp stress claim but also bolsters any case she might pursue in court against you. I would beg, borrow or steal a new position for the victim - put her ANYWHERE else but working for that manager. Is there another location she can be transferred to? Another shift?
This is a difficult situation. Good luck and let us know how it turns out.
1) The supervisor should have received more than just "counsel" for his actions. He should have been suspended at the least and more likely would have been terminated had he worked for this organization. The idea that he didn't do it intentionally just doesn't hold water.
2) I would NOT require the accuser to work under this supervisor again. Hatchetman is right in that you are setting yourself up for some much larger issues in the future if you force her to work under him again.
The isolated incidents you mention can become a hostile work environment very quickly in front of a judge or jury. Tread carefully with this employee.
Good luck and welcome to the forum!
In any event, I do think you need at an absolute minimum, additional and specific harassment training for the supervisor and the manager. If you did your investigation and are convinced or want to be convinced that nothing was intentional, then firing them may be overkill, however, remember that the harassment issues are judged by the state of mind of the victim, not the intent of the perpetrators. So, if in the victims mind, your mitigation efforts are not enough or ineffective, you may not have gone far enough. Get this housekeeper another shift or another position. The supervisor has already stated he is not comfortable with her - be ready for a retaliation claim in addition to everything else if you force them back together.
You would not have said those things in your post if they had not been the truth, so I assume you would testify truthfully. Her lawyer would love to have the jury hear those comments from the company representative.
What you have said is (1) It did occur and was corroborated, (2) The company thinks they were isolated and really not serious, (3) The supervisor was basically untrained in proper behavior including sexual harassment, (4) You do not really believe her, (5) She has problems, (6) People don't like her.
This isn't looking good for the home team. I recommend you immediately find another spot for her and one that will not seem punitive to her.
As Don said, just picture yourself on the witness stand while an attorney slowly roasts you on the spit of the judicial system.
Good luck and welcome to the Forum!
First, I don't believe counselling by an individual who didn't take the complaint seriously is counselling. Sounds like the blind leading the blind to me. Your company needs to do appropriate training now. Get an outside specialist to come in, buy tapes, etc. Clearly in this case, the training cannot be done in house.
Second, think about what your role is as a HR specialist. A good part of it is to protect the company. This means sometimes pushing an unpopular view with management. You state "we are afraid". You should not be apart of the "we". It is your job to advise management of the consequences of making light of this claim and all future claims. You should not be a "we are afraid" but should be afraid of what "we" are doing. The job of HR is not to take sides. Sometimes, even when you agree, it helps to play "devil's advocate" so that the consequences of any action can be fully understood. By the way, does your company have a harassment policy? Also, both supervisors should be given written warnings about their conduct in this situation.
Third, it is not our job to judgmental of any employee.
Finally, that employee should be moved to an equivalent position so that it does not appear she is being punished.
Any advice???????"
I'm going to follow Whatever on this and also respond harshly. Quite simply: ARE YOU KIDDING ME?????
You have an employee that complained about harrassment, her report was backed up by others, and you simply don't want to believe it/take appropriate action (reassigning employee - possibly terming supervisor, at a minimum a write-up) because it only happened once & the supervisor swears he's innocent - do you really think he's going to say - "Yeah, I did it"? Again, ARE YOU KIDDING ME????
Finally, my reaction is so strong because of this little gem: "We are afraid of setting a precedent where an employee can complain and get a new supervisor, thereby constantly disrupting our organizational structure and causing general chaos." Do you really think someone complaining about a supervisor harrassing them is on the same level as someone complaining about a supervisor who has BO issues, comes in late or takes longer breaks - because in a very real sense - your 'dumbing down' the complaint to this level - and my friend, there is no company liability with BO, coming in late or taking longer breaks, but there is most definitely, absolutely, positively company liability for harrassment in the workplace & the company's response to the harrassment. My advice - learn about the issue, train others, review your policies & implement immediate changes that will protect your company from liability & in turn, make your company a pleasant, safe place to work. I'm sorry for the harshness of my post & I hope you will review it as the WAKE UP CALL it's intended to be. Just call me Dr. (mwild) Phil McGraw on this issue.
I hear everyone deciding that the supervisor is terror on wheels and should be fired, before or after being sent to a wintery gulag (or, worse, Mississippi ;-). The original note said he is guilty of "Isolated incidents of inappropriate comments and touching." I know it may seem awfully retro, but I'd like to know the facts. That phrasing could cover a range from patting her and all others a time or two on the shoulder while talking and telling her once that her outfit is attractive . . . to modeling his manners and moves to those of our newest governor.
Yes, harassment is determined in the eyes of the harassed, but there still is (in most cases) a reasonable person/woman standard. I would look at the whole picture. Such as: was his behavior though inappropriate also isolated and non-predatory; what is his history in this regard; is he responsive and contrite; is his behavior such that retaliation appears very unlikely; is his supervision conducted in a setting such that retaliation would be difficult; etc.? I might come to the same conclusion as everyone else, but I would want to feel a little more knowledgeable before doing so.
On the other hand, I have no reluctance to slap around the manager. Regardless of what might be the apparent seriousness of the complaint, his responsibility is to immediately bring the issue to your attention, to not inhibit the investigation, and to support and enable any conclusion the organization may come to. His behavior has significantly weakened your hand. You say "that is another issue", but in fact the manager's behavior may be the most pressing reason to consider accommodating her request. Not because her request is reasonable (I don't know that), but because the organization (i.e., manager) has treated her unreasonably and needs to now show good faith. In moving her, can she be moved out of the purview of not just the supervisor, but also the manager? If moving at all, I would try for that.
Let us know what happens, please.
Regards,
Steve Mac
Steve McElfresh, PhD
Principal & Founder
HR Futures
408.605.1870
Just kidding.
I suspect Linda S. just had a heart attack for mistakenly agreeing with me even before I posted.
I agree with Steve Mc. There isn't much information on exactly what the supervisor did to warrant the comments other posters have made about him sexually harassing the employee possibly justifying his discharge. But certainly I know we all agree that whatever else, assign the employee to another. And do provide training to managers and supervisors and employees on sexual harassment in the workplace.
Steve Mc, I caught your unsubtle remark about our state and your picture is posted.
And thanks, Hatchetman, for occasionally reminding me that you are not a robot.
Welcome!
In regards to the above, any time an employee complains about a supervisor, you should be investigating the allegations. There will be times when something as drastic as moving the employee might not be necessary, but it is the duty of the employer to check it out. If you are getting that many complaints that would necessitate you moving employees around to "constantly disrupt the organization", I think I would be looking to get rid of supervisors instead. There is something else going on instead of thinking that you are catering to complaining employees.
Hopefully, my boss will heed your excellent advice and allow us to handle this situation more appropriately. I will keep you posted on how this works out!
If I were you I would make sure that the harassed employee did NOT report to the Supervisor who harassed her. Is there any way she can report to someone else other than the Supervisor and his buddy manager? I would be VERY concerned about retaliation on the part of the supervisor and manager who were discipline. I would also keep a eagle eye on the situation. Right now, the EE who complained is the most protected employee in the company and, you as the employer, need to take the steps necessary to prevent further harassment OR any type of retaliation from occurring.
This would be a quid pro quo harassment case and the employer would have strict liability if you knew or reasonably should have known about the harassment. So you, as HR, need to protect the company. Did you complete a full investigation and take employee statements, etc.? If the harassed employee files a claim against you, the court will look at your response to the complaint and how you handled it. If they EE stated that "no judge in the world would make me work for that man again", my HR radar would jump off the charts because she is telling you in no uncertain terms that if the behavior continues or if she is forced to work for that supervisor again, she will consider legal action against the company.
Just my thoughts and opinion!
LFernandes
She may also be in cohoots with a local doctor who is telling us she cannot physically do her housekeeping job at this time. (I say we pay for a second opinion.)
This is just such a mess...
I would hesitate in transferring her over to her ex-husband or husband. That may be another headache for you.
I would also ask her to provide you with a medical certification from her doctor outlining her limitations, i.e.; no lifting over 10 pounds, etc. You may be able to reasonably accommodate her with light duty until she can return to full duty.
We do have detailed medical certification from her doctor, we just aren't sure we can trust him. She is being accomodated with alternate duties, but there really isn't enough for her to do to occupy 40 hours a week, plus her temporary supervisor is having a difficult time keeping her in the office to work...
Again, its just such a MESS!
Where is she going? If she is just wandering around, that would be a performance issue and should be addressed. Also, you could also check with other departments to see if they could use help filing (non-confidential information of course), writing out forms, data entry work, etc.
Also, I would check with your attorney to make sure that you could legally ask her to go to your company doctor for a 2nd opinion. I know with FMLA you can ask for 2nd and 3rd opinions but I'm not sure if you can if she's claiming it's WC.
LFernandes