Changing a supervisor after employee complaint?

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???????


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Comments

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  • Welcome to the Forum!

    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.
  • I have to agree with Hatchetman...

    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!
  • Did you mean Parabeagle? I did not see a Hatchetman post.

    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.
  • I think that the Manager and Supervisor should have received substantial discipline. The Supervisor because he was guilty of sexual harassment (whether intentional or not) and the Manager because he brushed off the complaint and put your company at risk by doing so. While it is generally bad practice to allow the victim to dictate your actions, I must agree with Para that you need to get that person re-assigned ASAP. When you say that her supervisor was "counseled appropriately" what does that mean? From your post it looks like the Supervisor and Manager are buddies, and the offense was winked at by the Manager. Could you convince a jury otherwise, particularly since the complaint was ignored by the Manager? Don't wait for a lawsuit. Give her a new supervisor now.
  • If this goes to court, picture yourself on the stand. Imagine saying, "These were isolated incidents of inapproprite comments and touching." "I don't think he really intended to sexually harass her". "He was just too dumb to know how to behave". "I feel sure she is exaggerating but I know she's having problems." "The supervisor does not care for her".

    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.
  • One thing I would add, as soon as an ee complains about harassment, it becomes "official". I have trained our supervisors and managers that as soon as they "catch wind" of a harassment claim, they must notify me immediately and I will investigate. The manager, in your case, could be adding to the problem by waiting as he did.
  • By not acting, your manager has basically put the company into a position of strict liability for the harassment. No way you can go to court and claim that management acted to deal with the situation in a timely fashion. STRONGLY recommend you invest in some harassment training, not only for your supervisors but all of your employees. I can relate to your situation. I've been there before and the company I worked for paid the price for indulging the harassment with a wink and a nod.
  • I think because of the fact that the manager and supervisor were not properly dealt with because of their behavior, then you have no choice but to find another spot for her. You are looking squarely into the face of a lawsuit if you don't.

    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!
  • I know I am going to sound harsh but I'm really bothered by your posting.
    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.
  • Don't worry about sounding harsh...its very appropriate in this case.
  • Um, and welcome to the Forum.
  • I agree with all posts - except - I would find a new position for the supervisor. One 'touching' is one too many, and if anyone gets any consideration in this case it is the victim. Move the supervisor and no one will have a valid retaliation claim! Welcome to our world!!
  • [font size="1" color="#FF0000"]LAST EDITED ON 10-14-03 AT 07:36PM (CST)[/font][p]"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???????"

    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.
  • As a many time expert witness in this area, pay attention to all the posts that tell you to find another position for her. So what if it sets a precedent - that risk is a h--- of a lot less than the grief you will get if you force her to work for the jerk. So what about the rest of the employees, the issue is sexual harassment which your organization condoned and forcing her to work for the guy when she doesn's want to will appear as retaliation in any forum where it is challenged.
  • There seems to be a consensus here. So let me suggest a different tack, and see if I can loosen things up. But first, I would agree with the comments to the effect that precedent be damned, do the right thing. If protecting her requires "disrupting" the organization, so be it. But I am not so certain as everyone else as to what the right thing to do is.

    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
  • [font size="1" color="#FF0000"]LAST EDITED ON 10-15-03 AT 01:42AM (CST)[/font][p]I disagree with you all. Fire the employee!!!!!

    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.
  • "... His behavior was inappropriate but non-predatory??..." Let's see: Ladies and gentlemen of hte jury, the supervisor was a jerk and he said some offensive things and he touched her occasionally, but he really didn't mean any harm, he was just too stupid to understand the significance of what he was doing, and his manager knew about it and didn't do anything either, so it couldn't be too bad. Yes, his behavior was iappropriate, but non-predatory so it was just the oversensitiveness of the victim that led us here. She was sexually harassed, but it was just a little harassment so ignore the friggin law and let poor employer off the hook! I think you guys need to get out of the social helper merry go round , and into the what's in the best interest of the company mind set. This case has enough facts to get to a jury, and if it does and you take the road you've suggested, the co. is going to lose big time. You have to look at everyone of these as if they are being heard in fromnt of a bunch of stranger 2 years from now. How is this thing going to look? If it's marginally bad now, it'll be lots worse then. You represent the co. and it's your job to keep them not only out of trouble, but out of court. At a minimum, discipline both the super and the manager, and put super where he can't do this to the co. again!
  • I agree with 'Shadow'. 'Non-predatory' my rear end! Try getting a jury to understand a legalized definition of non-predatory. We aren't dealing with a group of falconers here who might know the nature of predator. All the jury will see is a bumbling, untrained, fidgeting supervisor with roaming hands and sexual motives stomping about in the factory while management turned a blind eye to it. The testimony will resonate throughout the building when it is said that 'She has problems', 'We don't really believe her', and 'It was, afterall, isolated', whatever isolated means.

    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.
  • Georgia Peach seems to have become suddenly mute. I hope she hasn't become intimidated by the passion demonstrated in some of the responses. We definitely practice "tough love" here, but it's worth it.
  • "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. "

    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.



  • THANK YOU SO MUCH for all of your excellent feedback! I haven't replied until now because I wanted to show my boss all of your replies without my response to you being included. I know the situation I described must make me and those in my organization sound like complete idiots...but I can promise you that at least I'm not an idiot! If I could only tell you who I work for, you would understand why my hands seem to be tied...

    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!

  • Before you give it to him, you may want to take the scissors to the printout and cut off your last post.
  • I printed responses before I posted! Again, I'm not really a stupid Georgia hick!
  • Welcome to the Forum!

    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
  • Update: The female employee did not and does not want to be a housekeeper - she wants to go back to a "security" position. In that position, she would be supervised by the man who we have been told all of these years is her husband. Now, she is suddenly telling me and everyone else that they have been divorced for years, just happen to still be really good friends and live together. She is doing this so we might let her go back to that security position.

    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...

  • Do you have a security position available right now that she has the qualifications for? If not, do you have any other positions available within the company that she could transfer into?

    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.
  • Unfortunately, we have no vacant positions at that location, and she has no skills to qualify for any of the other positions that might open in the future.

    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!

  • >>her temporary supervisor is having a difficult time keeping her in the office >>to work...

    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
  • Just about any work comp carrier worth its salt will pay for second opinions by physicians of their choice if there is any question re diagnosis or treatment. I suggest you get in touch with her WC claims adjuster and tell her of your concerns and suspicions and let them take it from there. And the previous poster is right: If she's not doing the light duty job that was designed for her, that is a performance issue and she can be counseled regarding that.
  • Like you, I love the forum because it gives real world advice to these issues. I have read the complete thread, and frankly my best advice is that it is time for your to get assistance from a skilled lawyer in HR issues. At first I was all with the forum advice about the best steps to take, however, your last post has convinced me that this is more (potentially) than a simple matter and your company is in danger of being sued big time for either harassment/retialation/ and/or ADA issues to boot. You are correct -- this is a mess.


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