SH?
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I have a female Director that was going through a newly hired (4 months) male Deputy Directors desk. She finds some writtings of his that refer to her in a sexual manor. Because it wasn't out in the open and was a one time event, I can't consider it a sexual harrassment incident. Can I discipline him for anything other than being a "bonehead"?
Comments
I don't think this one incident would rise to the level of hostile environment harassment, but wouldn't want to wait for her to engage a lawyer to test the theory. Deal with this minor issue NOW!
What did the female director say when she told you about these writings? Was she infuriated? Incensed? You can get a lot of clues about where this might go by looking at the behavior of the complainant.
I would sit the male director down, tell him what has occurred, confront him with the evidence and discipline him (provided, of course, your policy permits) for having inappropriate material around. If your policy defines "bonehead behavior" you may want to include that.
I am still curious about why the female director was going through his desk, though.
His attorney would no doubt draw a parallel between her rifling his desk and doing the same had he left his billfold on the desk with a picture of a naked woman tucked inside it.
Thats the same difference to me, the way I look at it.
He reports directly to her. I don't know why she was looking through his desk but it may have been to find out what he has been up (since his performance was very lacking) to or to look for some needed paperwork. We indeed do have a policy advising employees that any property is subject to inspection and nothing here should be considered uninspectionable (is that a new word?).
It was a diary type of compilation of notes and described her body. She was embaressed and humiliated. Worried that her husband who works here would find out about it all.
This was the tip of the iceberg but I didn't wanting to really address this issue. I addressed performance and behavioral issues that should not have to be addressed with a perfessional employee at 4 months on the job. Gave him the option of resigning or being terminated. He chose the latter.
I was a little cautious with the possible SH claim down the road because the Director's position here is uncertain at times partially because of her people skills.
I think based on this revelation, I would terminate him, period. If he is describing his supervisor's body, a person of a different sex, one of them needs not be in the environment, and he is the one to climb into the jettison chute.
Period.