Sexual Harassment Investigation

What a way to start a Monday! Female employee comes in for exit interview and confides that a male co-worker had been harassing her. Inappropriate touching, language, etc. She confided an another female EE who admitted he did the same things to her. She told him to stop and he did, so her advice to this EE was tell him to stop. So she did, and he left her alone. Well, last day of employment, he makes vulgar comments to her, so I'm guessing that's what prompted her to confide in us now.
Moving along, he, of course, denies it. I am sending him home while we talk to other female workers in the department. I can't imagine keeping this guy. Management agrees he should go. I have his word against two female EE's, one of whom no longer works here. Female EE's are good employees. I may get more info from others over the next few days.
Any words of wisdom here?

Comments

  • 22 Comments sorted by Votes Date Added
  • HR in GA: It reads to me like you have a "he said she said", but given others have either witnessed or heard these utterings, then I would not hesitate to send him packing for good.

    Continue the suspension until you have interviewed everyone men and women co-workers. Get their written statements and do not let him come back to work until you are satisfied that he is innocent of all claims by both of the employees. If he is believed to be guilty, I would attempt to get the first employee back on the job. At least have it in written format that you offered her re-instatement and back wages that she lost resulting from the guys stupidity.

    PORK
  • I'm with PORK..now that you know about the harassment and know that it seems to be a widespread and continuing habit with this guy, you have to take action on what your investigation tells you. Too many times, companies do the investigation and then have no further action on it. You need to be sure you have your ducks in a row and be able to prove it was very well published and this guy knew the company's stand on harassment. You said the female ee had told him to stop and he did but did it again since she is leaving today. Have a conversation with her that she is clear that this guy's harassment was or was not her reason for leaving (since it does not seem that he was harassing her when she gave her notice). You can have this conversation with her after your investigation even though she is gone. If her reason for leaving was this guy, then entertain the idea of bringing her back if feasible. Be sure you document that you offered this to her so she cannot say the company knew about it and did nothing. In either case your strong documentation will save defend your case if he or she come back on you.
  • Stay factual and objective. Don't rush to a conclusion.

    What's "innappropriate touching"? I have had ee's complain about someone who "brushes against" them in a way that they don't like. At the same time, I see ee's tickling eachother, giving bearhugs, etc... The ee who looks like Brad Pitt can hug and touch all he wants but the guy who looks like Barney Fife is always "creeping" the rest out.

    Conduct your investigation but avoid any judgement until all the facts are in. The testimony of a couple of ee's who never bothered to report the incidents to HR isn't enough to warrant a termination.

    Your interviews may colloborate the allegations and then you can decide what response is appropriate but until then, the ee deserves an impartial investigation.


  • Inappropriate touching included him putting his hand down her shirt among other things. She told us she was not leaving because of him, but for a better opportunity. We've called her twice to follow up on a few things and she won't return our calls. We are in the process of interviewing everyone else over there (small dept). So far, no luck. We will either terminate or offer final written w/suspension, or something along those lines. My problem, and I'm sure you all have dealt w/this, is going to be management. They have "checked out" on this guy. It's not going to be a healthy relationship.
    I just wish she had come to us sooner. I can't fix it if I don't know it's broken!
  • "Inappropriate touching included him putting his hand down her shirt among other things."

    Ok, that's way beyond the unwanted hand on the knee or brushing up against someone. That's very serious and could be prosecuted criminally.

    Did he do this to both ee's?

    What do you mean by "Management has checked out on this guy."? Do you mean, they just want him gone ASAP?
  • Do you have a sexual harassment policy that defines inappropriate conduct and spells out how to file a complaint? It certainly sounds as if this guy is engaging in inexcusable conduct that would warrant termination or serious disciplinary measures. But if no one utilized your complaint procedure (assuming you have one), and he denies any of this took place, what is your termination decision based upon? If it boils down to determining who's most credible, make sure you have good reason to make that assessment. If the other employee who allegedly was on the recieving end of similar conduct won't file a formal complaint or provide a statement about the harassment, your case for termination is unraveling. You dont want a defamation suit on your hands either.
  • Exactly, I am stuck in a "he-said-she-said" scenario. What I meant by "management has checked out" is that I think they've already made their decision in their head.
    My only saving grace is the current EE who states he bothered her, too. Although, not to that extent. We can document that incident and move forward from there.
  • [font size="1" color="#FF0000"]LAST EDITED ON 03-21-06 AT 11:41AM (CST)[/font][br][br]I think I would sit down with this guy and basically tell him that, based on your invesitgation, you suspect that there was inappropriate conduct on his part and there is certainly much concern on the part of the company as to their ability to trust him going forward. Therefore, he has two choices:1) NEVER engage in any conduct again that even resembles harassment, and if he does, it will mean immedaite termmination, or 2)Resign immediately.

    He will either read between the lines and leave, or he will shape up and be on a long journey back to regaining the trust and confidence of the company.
  • These situations are almost always "he said/she said". Most harassers have the good sense not to behave lecherously while others are watching. If the allegations seem to have merit (specifics can be provided) and there is an apparent pattern of harassment, I would go forward.


  • hooo boy! Did this thing take a 180 turn!!
    I wish I could divulge the details, but I can't. I will say all is not what it seems. The waters were so muddy by the time we finished that it was hard to tell truth from fiction. They all lost credibility with me. I felt like we had 4 key players, none of whom were completely truthful and I found out wayyyy toooo much personal info. We had them all re-read and sign our sexual harassment policy and told them that if "any of them looked any anybody even remotely sideways" they would be terminated. I honestly don't think they thought we would take things as seriously as we did. I was so frustrated that I had invested so much of my time on this. I hope we scared them all straight! Thanks for letting my vent.

  • Ahhhh, HR....gotta love it! X;-)
  • That happens sometimes. I have done investigations where the original accuser has ended up getting a reprimand because of stuff they did.
  • Wow, can you give us a little bit more detail? Apparently there was WAY more to the story? I only ask out of a scientific HR interest. Purely professional.
  • A woman accused a man of sexual harassment - making inappropriate comments. He vehemently denied it. She gave the names of witnesses who would testify on her behalf. I interviewed her witnesses who did not corroborate her story, in fact they told me she made up the accusation just to get even with the accused for some slight she felt he gave her. I interviewed others who were named, all supported the accused. The accuser was reprimanded per policy for making a false accusation. She threatened to hire a lawyer and sue us. Never happened. Both the accuser and accused no longer work for us.
  • >hooo boy! Did this thing take a 180 turn!!
    > I will say all is not what it seems. The waters
    >were so muddy by the time we finished that it
    >was hard to tell truth from fiction. They all
    >lost credibility with me.

    Funny how often it takes that turn. Guess that only goes to prove Paul's point a few posts back: Maintain neutrality and objectivity to the bitter end, and don't pre-judge anything. Chances are it'll only get weirder as you go. The departing ee who didn't want to say except that it didn't factor into her reasons for leaving got my suspicion level up. Sometimes that means the person was an equal and willing participant in the slap-n-tickle games.

  • That's why I wanted to make sure you got that information from her that he was or was not the reason for her leaving!
  • "I felt like we had 4 key players, none of whom were completely truthful and I found out wayyyy toooo much personal info."

    I recall there were two female ee's and a male harasser (alleged). Somehow a fourth joined the group.

    Slap-n-tickle? Isn't that a country western dance?
  • There was some personal information about the accuser that was shared among a group of 4. When you get that personal, stuff happens. I think they all crossed the line of professionalism. Specifically, the accuser and accused. Whether or not these alleged incidents occured, I'm not sure. I think something happened. UPDATE: Ex-employee finally called me back, said she did want anyone to know what had happened and why did we investigate? She is supposed to give me a written statement by next week. I wonder if I will get it.
    Question: If someone at work touched you innappropriately, and I mean very bad, would you still be friends with that person? i.e. call that person, go to lunch together, ride in a car together? Do you get my drift?
  • Nope. In fact, I'd find it impossible to work in the same building with them.
  • If someone touched me in an offensive way as described earlier I would not be satisfied until they were gone. Having said that, I wonder what the ages are of the employees you mentioned?

    From what I hear there is pervasive intimidation to accept this kind of behavior in the high schools, and has been for at least 10 years. If so, and if your employees have only been out of high school for a few years, they may still have the notion that they have to put up with it or be social outcasts or worse.

    I have heard some really hair-raising stories about what kind of allowances are expected by girls at the high school level (and it is beginning to trickle down to middle schools). We need to make sure that kind of socialization doesn't come into our work place. It wouldn't hurt to try to help turn the tides at a younger age either.

    Like Balloonman, just my $.02.

    Nae
  • late twenties to mid thirties
  • Nae brings up an interesting point. I had to fire a young man a couple years ago for a lengthy pattern of innappropriate touching, staring, comments, etc.

    During the investigation I was astounded by how many girls (all 18-19) he had harassed but had never contacted a supervisor or HR.

    Eventually, I came to realize that 18-19 year old definition of what is innappropriate is different from mine (36 year old). They also are very protective of eachother meaning they won't hand over someone to an authority figure even if that person is behaving badly and needs to be dealt with.

    I had to repeatedly tell them, "No, you don't have to allow someone to touch you in a way that makes you feel uncomfortable."

    If you employ teens and early twenties, you can't just sit back and wait for them to come to you with complaints.
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