Harassment - How far does Employer have to go?
HCA
72 Posts
We had a harassment complaint. Investigated. Substantiated. Action taken against offending employee. Now, complaining employee is complaining that although there are no further sex harassment issues, her working conditions are horrible. Other employees won't associate with her. The offending employee is "shunning" her - when she sits down to eat, he gets up and leaves; he hasn't spoken to her for three months; etc. (WHICH I THOUGHT WAS PROBABLY APPROPRIATE! WHY THE HECK WOULD SHE WANT CONTACT!!) She's also claiming he has done other things to make her job difficult - which we will investigate and if true, we should deal with. I don't want constructive discharge.
But how far do we have to go with the other employees "shunning" her, etc. What is our obligation.
But how far do we have to go with the other employees "shunning" her, etc. What is our obligation.
Comments
How far do you do go? That's a tough call. If you talk to the shunning employees it might make the treatment even worse. The harasser should be counseled on the fact the victim can and most likely will file another complaint if he continues to make her job difficult. Document as always and hope he gets the message.
It would also be retaliation and the employee is to be protected against retaliation. We had a similiar situation where a well-liked member of management was terminated and the employees shunned the employee who reported the harassment. She quit and sued under construction discharge. I also believe there have been court cases that have reiterated that the employer is responsible for taking corrective action in these situations. And, I agree this is a very difficult situation, but I would talk to those who are shunning her and probably individually and state that regardless of their feelings surrounding this incident, you expect them to maintain a work relationship that is courteous and respectful to all. Even if it's a no-win situation for you, you have to make an strong effort to confront it. Failure to do so will just look worse in the event she sues.
Elizabeth
PORK
Years ago, we had a woman who filed complaints against two different individuals - separate incidents. Back then, our HR didn't get involved in any disciplinary actions and as a mfg. supervisor, I was expected to deal with it. The first complaint was against one of our ee's whom I reprimanded. The second was against the the source inspector for our customer - a very sticky situation. I discussed the problem with the customer rep and they handled the discipline from their end. I discovered in the process that she had been flirting with the guy - he was single, older and lonely. But, she had a line drawn in her mind that unfortunately he was not aware of and crossed not knowing what hit him. He contended that she led him on then turned on him. Well, this ocurred before sexual harassment training became popular, but I did get my lead people together and warn them to be careful what they said around and to this woman. She had a reputation as a big flirt. I told them to keep everything above board and strictly business with her. She very quickly discovered that people were treating her differently, not joking around like they used to - no risque jokes or "innocent" flirting. She ended up leaving shortly thereafter to get married.
Also, for the record, my issue with Pork was the, tell her to get a life and move on.. .if he was suggested you say it like that.
Finally, am wondering about an apology was "apparently" what she wanted..is that what she said?
I think you are on track with your meeting. Good luck and let us know how it turns out.