Sexual Harassment & Racial Retaliation

HCA

After sexual harassment training, employee (female) reports that in September another employee (male) touched her arm and tried to hold her hand. Thought it was wierd and creeped her out. Only thing she wants is for male to stay out of her department. Not seeking termination, etc. Didn't report it until her supervisor told her she should. I investigate. Speak to male. Probably happened...can't remember, but possible. He understands it wrong, explain that I will write report, etc, etc.
Half hour later, male appears in office. He has "one to report too, and he has witnesses." I ask him to write down details and report to me in an hour. Male reports to my office. Male is Native American. Female (same one who reported touching) made derogatory racial comments in front of this male in July (specifics: Four employees on smoke break discussing the Indian health system. One employee saying to Male, why do you work when you can get free insurance through tribe. Female employee chimes in with how her taxes are paying for that system, it is wrong and all the indians should get a job.)
I spoke to one witness and believe the comments occurred. However, during my conversations with male, it is CLEAR that he is only reporting because she complained about him this morning. He states it didn't really bother him until now.
Number one: It's retaliatory.
Number two: Do I really need to investigate any further? The comments were just opinions of the female. Although they were inappropriate, I don't believe they rise to the level of harassment.

Don D

I think you've dealt with the first complaint. Hope you reduced your findings to writing and dealt with the issue as appropriate. It is not appropriate to 'assume' that the Indian's complaint is retaliatory. Although it may seem that way to you or to me, nevertheless, the complaint is still legitimate. He could easily he didn't complain until she did because he didn't realize he could, like she said herself, earlier. His complaint should be investigated and dealt with just as swiftly and fairly. You may be right that those were just expressions of opinion and not 'intended' to harrass; however, they may have had the effect of harrassment if they were perceived that way and that's what you should deal with, the Indian's perception, what affect the comments had on him. If the comments are judged to simply be insensitive and borderline, deal with it on that basis. The important thing is for your employees to know and understand that you do have a conduit for grievance on these issues, that you will investigate, and that they will be informed of the results on a need to know basis.

marc

The only thing I would add to Don's summary is for you to check out what your policy says about harassment. We encourage the offended employee to promptly tell the person that the conduct is unwelcome and ask the person to stop the conduct. A person who receives the request must immediately comply with it and must not retaliate agianst the ee for rejecting the conduct.

I realize that many people are not comfortable with this, but it is still important to let the person know. Much of what one person considers offensive may not be so to another.

I agree with Don that you should treat this matter seriously and follow your investigative rules.

HCA

Our policy, like yours, says the best way to address harassment is to tell the person that the conduct is offensive.

tfevergrn

Don D.,

Did M. Lee Smith Publishers hire you to answer every post that comes through. If you have a full time job, where do you find the time? Don't get me wrong, you provide excellent information, but I see you everywhere.............Just curious!

Tina Marie

Don D

Tina: If you object to my presence or responses on The Forum, why don't you just say so? I do post daily and try to give what I think are reasoned responses based on many years of HR experience. If I post too often for your taste, I apologize; but at the same time would suggest to you that the problem is your own, not mine. If my posts are off base, perhaps you should offer an alternative resolution, which through review of your posts, I see you have not offered, ever. I do have a full time job. I also post at night and through noon at home. I'm truly sorry if you find my posts too frequent. I notice your profile is scant but do see in a few of your posts that you have an accounting background, which may explain your disdain for HR. Why, otherwise, would you spend your time with a post that is leveled offensively at me? I suggest you spend your time more productively, namely responding to questions and dilemmas on the forum based on your knowledge and experience. 8-|

tfevergrn

Hey Don D,

Sorry, didn't mean to offend you! Your posts are great. It is just time consuming enough looking, researching etc., and I was just curious as to how you do it and you explained, thanks. Knock yourself out, as I appreciate your valuable info.

ray a

[font size="1" color="#FF0000"]LAST EDITED ON 11-20-03 AT 08:27PM (CST)[/font][br][br]Actually Tina, Don is not a real person... just a figment of our imagination.

The only thing I would add to the above advice is I always warn both parties involved in any kind of a conflict not to retaliate. Retaliation will be dealt with as a separate problem and dealt with per policy.

tfevergrn

Thank you Ray a.............

In so many posts I saw that Don D had such a great sense of humor. Guess my humor was too dry! I really, really was curious, as there are not enough hours in "my" day. I promise not to retaliate. I deal with that as a separate issue as well, and oh, by the way, in case anyone thinks otherwise, I LOVE THE HR PROFESSION !!! Regardless of my accounting background. I have been an HR professional for over 8 years now and find my accounting background to be very, very valuable.

I was just thinking if I had the time and energy to provide so much valuable feedback to HR professonals, I would consider starting my own consulting business ~ Oh well, just my take on it.

Tina Marie

Don D

Against my better judgement, and Ray's advice, I'll respond once more. You 'didn't mean to be offensive'. How could your post be viewed otherwise by a reasonable person? You don't have time to post, yet you post three times telling us you don't have time and suggesting one who does have time might become a consultant. If you ever find my opinions or advice terribly off-base or illfounded, please, again, feel free to enter the discussion. But, If it's simply a matter of your feeling a need to discuss my personal time management, save it. Have a great day. x:-)

aliker27

[font size="1" color="#FF0000"]LAST EDITED ON 11-28-03 AT 11:37AM (CST)[/font][br][br]Wow, I consider myself to be a reasonable person and read the "offending" post much differently. I've read a great many posts (authored by Don D and others), but still have so much to learn I refrain from posting. I'm not sure how a person expressing their awe of another is a bad thing.

HRQ

I think the poster (computer is moving too slow to bother going back to check for her name) meant no harm, and I can also see why Don D read her post as accusing him of doing nothing other than hanging out at the Forum.

Time to move on. x:D

By the way, I can see why even someone we consider an expert like the Great Don D would not want to move in to consulting. One of the joys of HR is the day-to-day contact with the staff. We know we make a difference in people's lives every day. As a consultant, you probably don't get to see the fruits of your labors like we do. OK, I admit our jobs can feel thankless sometimes, but on those thankless days, just take a walk around your facility and chat with a few employees. You'll be reminded how many lives you've actually touched.