Sexual Orientation Harassment

I am writing from the State of Michigan. Our state currently has no laws protecting individuals from sexual orientation harassment. However, this particular business has its own EO Policy which includes sexual orientation harassment as prohibited.

Background: A gay male filed a complaint of sexual orientation against another male colleague. He states that the harassment is creating a hostile work environment for him.

What has occurred: The accused has written a document and distributed it widely indicating that the gay male has created work in which his "love interest" been assigned too. He also published both partner's addresses to establish that they have a common residence.

The accused indicates that he does not have an issue with gay people or the fact that they both work together in the same company. He has an issue with one partner being in a position of management that create jobs and assign jobs to his "love interest," thus potentially taking work away from the accused. It should be noted that this business does not have a nepotism policy.

My question is: Has harassment occured? I have my opinions, but I will reserve them until I hear what others think. Thank you for your help and interest.

Comments

  • 7 Comments sorted by Votes Date Added
  • [font size="1" color="#FF0000"]LAST EDITED ON 01-18-02 AT 11:34AM (CST)[/font][p]I don't believe it is sexual harassment or orientation harassment for the simple fact that the document writer would probably have acted inappropriately if the Gay employee had been heterosexual and his love interest a woman. It seems to me that the document writer's motivation is the key. Apparently, that motivation was to embarras two people, who happen to live together, because the document writer felt there was favoritism afoot. The behavior cannot be condoned or dismissed because it was clearly inappropriate. However, I don't see it as harassment due to the employee's sexual orientation. Anyone else have any thoughts on this matter?
  • I think that you have an issue of inappropriate behavior, not harassment. It would'nt go anywhere legally, in my opinion, because it does'nt reach the level of behavior that would arguably qualify as harassment.
  • Let's see if I have this right? Gay Male is the supervisor supposedly showing favoritism to his partner. Accused has publicly announced that he disagrees with this arrangement. Gay Male files a harassment complaint against Accused because of the published document.

    In my opinion, Accused has placed the company in the direct path of a lawsuit. The company should conduct an investigation and discipline the violators of company policy. Gay Male may have a valid complaint about the document and he followed policy. Gay Male may need discipline if he was showing favoritism and if that violates policy. Accused took it upon himself to discipline Gay Male publicly, he did not follow policy and he may have slandered Gay Male.
  • This seems to be a very serious case of misconduct on the part of the employee who wrote the document and published the address. If the employee thought the gay male was showing favortism, he should have gone through appropriate channels.

    This could be construed as harassment, but we would probably need to know more of the facts. Also, same-sex sexual harassment is prohibited by discrimination laws, and that may come into play.

    Even if this type of behavoir doesn't exactly fit within the company policy or the law, it should be taken seriously.

    Good Luck!

  • Theresa,

    Why do you feel this could be construed as harassment?
  • Gar,

    Maybe I am misreading the facts, but it seems that the employee who first complained felt that his working environment was hostile. But I can't tell from the scenario given, what facts support that statement. I'll bet there are some. Also, I find this circulating of the letter about the person complaining to be particularily disturbing. What was the purpose of doing that -- if not to try to entice others to join in on the giving that person a hard time. And that fact that the employee who was complained about put the home address on the letter for all the other employees to see -- it seems like the purpose was to invite trouble.

    But all that being said, whether or not conduct rises to the level of a hostile working environment or is actionable harassment is an extremely factually intense inquiry. I just don't feel comfortable saying that harassment is not there without seeing all of the facts laid out.

    Theresa
  • I don't see any grounds where a "hostile work environment" case would apply, however I would venture to say that there could very likely be a case for discrimination if in fact what this employee is saying is true. I do not agree with the way in which he has gone about it however, but a close check of job assingment comparisons would definately be in order not to mention that a conflict of interest issue could very likely be in play as well. In our facility we have generations of family members employed and it has worked for us, each one is treated on an individual employee basis. I don't expect everyone to agree with me when a decision to discipline an employee arises anyway so it wouldn't really matter whether the person was related or not. The fact of the matter is these issues warrant investigation. At the very least the employee who passed around the leaflets should be disciplines if he is in violation of the employer/employee relationship (if you have a grievance procedure and your employee ignored it then he is in violation). I would assume that anytime you have a manager over the work direction for his or her love interest you are going to be faced with this problem. After conducting the investigation I would definately separate the two members who are involved with one another and write a policy that will serve to protect you from any sort of discriminatory legal issues in the future. Just a thought
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