Does it matter where the harassment takes place?

JMPhr

I have a quick question regarding what constitutes as sexual harassment, actually WHERE (proximity) is what I'm referring to.
I actually had someone ask me this - if they witness their co-worker allegedly harassing another co-worker at their private home or at a restaurant, and that co-worker who was harassed comes in the next day or so and complains to me (HR), would I do anything about it?

Down_the_Middle

Unless the HOME, or RESTAURANT was a work-related site or involving a work related function, the answer is NO. Title VII applies to the workplace and thank goodness, does not require HR to keep tabs on what happens away from the worksite.......

Dottie

We had just such a situation this past year. A number of front line employees, who were used to socializing together off the job, had a party at the apartment of one of the employees. After most of the people left the party, one employee allegedly raped another. We received word of this through the grapevine. We spoke with the alleged victim and assured her we would do everything we could to keep her work environment safe. We spoke with the alleged rapist and told him he must stay out of the girl's work area. We also scheduled them so as to minimize their being on the property at the same time. Eventually, they both resigned and we haven't heard about the resolution of the charge. The good thing is that no charges were ever brought against us. We did consult our attorney in this and he assured us that as long as the party was in no way connected with work (i.e.: sponsored by the company or a notice about the party posted at work), we were in pretty good standing. The only other concern would have been if the attacker had been a supervisor, this was not the case. However, a supervisor was the host. We have advised this supervisor to not host such parties in the future, that this posed a liability risk to both the company and him personally.

Mike Maslanka

interesting issue...a recent case in texas said no sexual harassment where a pilot for continential was accused of trying to assult a flight attendant in a hotel room when they were on a layover...because it was not a work place the airline won...still,this would only apply,i think,if it's co-workers---if it's a manager using his position to facilitate the harassment,albeit off premises,the result is different...regards from texas,mike maslanka,214-659-4668

Gar

I agree with Mike and Down-The-Middle. If it isn't a workplace situation or an employer-sponsored event, there's little, if anything, that you can do.

Theresa Gegen TX

You might want to make sure, however, that the bad behavior does not spill into the workplace. There are lots of cases out there where the harassment occurs both inside and outside of the workplace (and the court's let the jury hear it all).

A couple of things you could do is:
(1) review your anti harassment policy with the other employee to ensure that he or she understands that workplace harassment will not be tolerated (this would not be disciplinary, merely training). I would also review the policy with the complaining employee, so that he or she understands that it applies only to workplace conduct (not to co-employees deciding to socialize);

(2) check back with the complaining employee in 2 or 3 weeks (and actually put this on your calander to make sure you don't forget), to see if there has been any other problems or if any of the harassment has occured at work.

Also, depending on the degree of harassment, you may want to take action to ensure that your employee feels safe at work. (For example, if the employee says she was assaulted or raped by the co-employee, sending these people back to work together may not be feasible).

Good Luck!!

Gillian

This is a little bit of both - referring to the previous responses. In my opinion if the harassment outside of the workplace affects the work environment then the harassment extends into the workplace and it is one and the same.

dhnyct

I agree with Gillian. We probably don't have jurisdiction to investigate alleged harrassment outside the workplace, but such allegations are bound to affect work relations sooner or later. Without assuming guilt at this point, all parties need to be counseled on harrassment and its consequences.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 09-11-01 AT 06:42PM (CST)[/font][p]I have to disagree to some extent about whether or not sexual harassment between employees that takes place off the job isn't a matter for the employer to address.

The employer can have any policy it wants that is consistent with law and based upon business necessity that addresses off-duty conduct that impacts the job or iis detrimental to the interests of the employer. Consequently, while off-the-job acts may not be determined to be technically sexual harassment as envisioned by EEOC (and various court rulings), the employer can still address that off-the-job conduct as being improper under its policies, under the right circumstances.

WOCO Frank

Excellent responses above, particularly regarding the "spillover" effect - that is, how non-work-related harassment can cause a hostile work environment.

Another facet of this issue that I didn't see specifically addressed above is that of determining what is truly a "work-related" function. The original question mentioned only that the potential harassment was off-premises. That doesn't mean it isn't covered by law. Many employers assume that if a function or social activity isn't an "official" company event, then they have no liability. That just isn't the case. The courts have applied the "work-related" test very liberally; I would urge you to look first and foremost at the cause or purpose of the off-premises function before trying to decide what your responsibility is.

Theresa Gegen TX

I don't disagree with the last response, but the employer must tread carefully.

Behavior that is not acceptable in the workplace, may be perfectly acceptable in a social setting. (for example, sexual flirtation in the workplace may be banned, but certainly is not unheard of at a party among friends [even if they happen to be co-workers]).

Also, even though most states allow employers to have workplace rules based on conduct outside of the workplace that is inconsistant with the job (Texas does), some states prohibit employers from regulating conduct outside of the workplace.

That's why, if an employee complains about conduct outside of the workplace, the facts will be critical. There have actually been cases where the employee complained that a co-worker raped her outside the workplace. Employees have also complained about being stalked by co employees outside of work. This cannot be ignored by the employer, because the employer must insure the employee's safety at work, and the behavior will definately effect the working environment. In these types of extreme cases, the employer should immediately seek out legal counsel.

However, for the more run of the mill type claim, the I still think the employer should just review the policy with the employees and follow up with the complaining employee later to ensure that nothing further has occured.