Need Advice on Harassment/Discrimination Claim

HR in VA · July 2002

We have an employee (B/F/age 40) who has filed several grievances claiming harassment and discrimination based on race and sex. She has not experienced a cut in pay or any adverse action that I can see. Management conducted an investigation and did not find evidence of any harassment or discrimination. Long story short, she can not get along with her supervisor or co-workers and there have been a couple of incidents that are basically juvenile bickering. We are proceeding through our grievance process and have scheduled a formal mediation between her and her supervisor (W/M).

In the mean time, a co-worker has claimed that the grievant has been repeatedly "bumping" into her. Unfortunately, there were no witnesses but other employees in the past have made the same complaint. The co-worker has complained that the grievant is harassing her.

Since we didn't have any definitive proof, the supervisor met with the grievant and informed her of the complaints and gave her an opportunity to tell her side of the story and basically a warning that harassment will not be tolerated. The grievant claims that the supervisor put the co-worker up to filing the complaint and that it is retaliation for her grievances.

In the mean time, the grievant spends alot of time on issues related to the grievances rather than getting her work done. I'd appreciate any advice on 1) dealing with disciplinary issues and 2) performance issues, when the employee has already filed a grievance and every time someone talks to her about anything she charges that it is retaliation.

Don D · July 2002

It may be wise at this point to have someone other than the immediate supervisor (since that person is already the object of the complainant's charges) meet with the complainant on these other issues. She will no doubt claim that the supervisor's involvement in these new developments is retaliation. It will be better for you, in an agency hearing or position statement, if you show that an entirely different supervisor, perhaps yourself, dealt with these additional (bumping into) issues and therefore there was no retaliation. If this employee is actually 'bumping into' co-workers, you can look for her to exhibit subtle or perhaps not so subtle signs of violence toward others as this all unfolds. Sounds like you have a gem on your hands. Good luck.

B_Jackson · July 2002

I agree that someone other than the immediate supervisor should conduct a through investigation. If you have an EAP you may wish to make a referral. You may wish to ensure that others who complained are interviewed, and also persons who have not said anything, you may do an general interview to determine if they have seen or overheard any conversations, etc. This one whould be handled as discreetly as possible bu t with throughness, as it appears to be an ongoing situation.

Need Advice on Harassment/Discrimination Claim

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