Harassment - How far does Employer have to go?

HCA

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.

Crout

I would meet with her to get a clear picture of what specific behaviors she is referring to on the part of her co-workers with the idea in mind to tease out what your company can and cannot control. But I'm curious as to how she could have any contact at all with the offending EE. Are they still working in close proximity? If the charge was substantiated, I would have fired the offender, or moved him as far away from her as possible. If they are still bumping into each other you're just asking for trouble.

HR in CA

In California, what you have described could be considered a hostile work environment (the co-workers shunning her, harasser making her life difficult). Does the 'harasser' have to speak with the 'victim' to conduct business? If not what would she expect him to do? Pretend it never happened. I would think the 'victim' would appreciate him not talking to her.

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.

San Francisco

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

HCA: You are faced with a very complex situation. The psychology of the organization has been tramatized by this event. You will not be able to correct the treatment of one individual by the personalities concerned with this event. The complaining ee has got to move on about here life within the company or choose not to be there. This less than satisfactory responses toward this ee is unfortunate, however, it does not constitute harassment in the work place accepted by management of the company. The complaining ee has set this situation in motion because she/he touched a soft nerve. Children often divide and win and establish new relationships. Tell her to get a life and move on.

PORK

sonny

Her attorney oughta love that one, Pork!

ray a

I was thinking the same thing as Pork, but was afraid someone like Sonny would jab me.

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.

HCA

It was substantiated, and handled, but it was "handled" by a "sincere apology" to her from him. Which is apparently all she wanted. It is a small group with a 12-13 year history which aggravates the situation. We are having a "meeting" with her on Monday to get more details and see if there is anything we can do. I'm torn because part of me agrees with Pork.."you brought it up and only wanted an apology; did you really think he was going to go on like a best friend!" but the other side of me thinks "geez, we need to remedy the situation". I'm struggling with exactly what many of you have hit on the head: how do you call a meeting on the playground and say, now Bobby you have to "like" Susie and everyone play nice. There's no rule that says you have to like your coworkers!

sonny

You don't have to like your co-workers and I have said exactly that and added, "but there is an expectation the you behave professionally and courtesously (sp) to each other during working hours."

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.