Employee Complaint

LindaS

[font size="1" color="#FF0000"]LAST EDITED ON 04-18-05 AT 02:15PM (CST)[/font][br][br]I have an employee, who also happens to be our union president, who came to me today to make a formal complaint about harassment based on his disability. Here's the story...

This EE has been required to walk with a cane for the better part of the past two years. He has been seen around town w/o it which makes other employees angry that he is "abusing the system". Anyway, this AM he was told to go into a dept. that requires his constant standing (something that is outside of his restrictions to begin with. When someone from that dept. inquired as to his ability to do the job due to his cane the acting supervisor stated, "well just shove the cane up his a** and let him lean on it".

While this wasn't said directly to the individual, word got back to him quickly. I spoke with the person the acting supervisor made the statement to and he verified that it was said, although he feels the statement was meant to stay between the two of them (even though he also admits he was the one who passed the info. along).

I spoke with the acting supervisor who vehemently denies saying anything of the kind.

How would you proceed?

HRinFL

First, I would have the person the comment was said to write a statement outlining the conversation. Also, see if there were any other ees standing there that may have overheard the comment. Speak to them as well, if they heard the comment, have them also write a statement. I would then call the acting supervisor back to your office, explain the importance of honesty, and explain that you have received information contrary to what he told you earlier. Ask him again if he made the statement, or a statement similar to the one alleged.

I am not sure what your policy or philosophy on being dishonest during an investigation is. In my company, we have several people (including myself) that handle employment complaints everyday. We discuss the importance of honesty and explain that our company does not tolerate dishonesty of any kind, especially when looking into employment concerns from our ees. If the person is not honest, our view is they are impeding the investigation and they are discharged for dishonesty during a formal investigation. If they are honest, we look at psat situations to determine the appropriate level of discipline in order to remain consistent.

If he admits, I would take a look at what your past practices have been. I would also look to see if this superisor had ever engaged in similar behavior in the past. If so, it appears he may be a liability for yu and I would severe all ties with him. If not, I would counsel and issue a stern warning that as a supervisor, he is an agent/representative and that his comment has created a liability for the company. Review your harassment policy with him. While it is only one comment, I believe it is egregious and actionable. Good luck and let us know how it plays out.

While the ee may not meet the ADA gudelines for a disability, you need to immediately investigate and take remedial action so you have an affirmative defense. You never know with the current environment how it would play out with the EEOC or in court.

Crout

I agree that you should investigate promptly and take appropriate action based on your findings, but I do not believe that one stupid comment by a supervisor rises to the level of harassment.

pork1

CROUT: It does rise to the level of dishonesty and if the companies' policy based on history, a "lie" is a "lie" and the assistant supervisor or whatever his position of authority at the moment was has "lied", then he/she gets equal punishment, even though it may have beeen just a stupid mistake. That would be two stupid mistakes (making the statement in the first place and then lying about the facts). He/she needs (at a minimum short of termination) to be appointed as the company teacher and trainer of sensitivity issues. He should be given two weeks to prepare an instructional class and given his/her success be allowed to leave or stay based on the traniee's thoughts.

PORK

mbeam

Do you have a legal training session or management training for those put in a position to have direct reports? If not, would work on this right away honing in on personal liability as well as what it would mean to the organization as a whole.

If this is truly how this manager feels, not sure he should be in a management role for his own good and that of the company's. I'm assuming he knows he was referring to the union president when he made the comment which then would make me wonder about his people management skills or lack of political awareness - both of which are dangerous to have in a supervisor.

Crout

I agree completely. Appropriate action should be taken to correct the supervisor after an investigation determines what happened. However, I still do not think that the EE was harassed. Workplace harassment has to be severe and pervasive, does it not? And judging from the original post, I don't think that happened.

HRinFL

I never used the word harassment to describe what happened. I said that the comment was egregious and that it was actionable. I personally do not wait until someone has gotten to the point that they are "harassing" another ee before I take appropriate action based on facts learned through my investigation. I would address the comment, in a manner that was consistent with past practice. In my case, it would be reviewing the harassment policy, counseling the ee, and since it was, in my opinion, a blatant and wanton comment, I would probably recommend removing from management. What spin can this guy take to explain his comment any other way than that he was making a derrogatory comment about this ee's impairment?

Fortunately for us, "one stupid comment" does not rise to the level of harassment. If so, we would all be SOL because everybody has the one supervisor that just does not get that comments have legal ramifications. But you can't excuse away the comment or behavior because it was only one time. More than likely, it was the "one time" he was caught. Address it and correct it.

ritaanz

Yes, it was stupid for the acting supervisor to say what they said. It was even dumber for them to deny it. However, you have a witness who also admits that they repeated what the sup said. I'll bet you a dozen donuts, this witness went directly to the union pres with this info.

His comment probably reflected his attitude towards the pres and his cane, similar to the other employees feeling the pres is abusing the system.

I would bring the acting sup into my office and let them know, beyond any doubt, that the company will not put up with this type of verbal garbage. Also, this "acting sup" would not be "acting" until they have gone through training on how one conducts themself in a leadership position.

Don D

Here, here!
or is it Hear, hear?