Would this be retaliation?
lnelson
670 Posts
First off let me say this is not an ee of my company but, a relative of an ee looking for advice. I informed her that I would check the forum for their input any responses would be greatly appreciated.
Scenerio:
An ee claims sexual harassment against a supervisory in another dept. she informs the HR dept. and they did nothing at first and the harassment continued. Then she continued to notify HR will little response. She filed a suit against her employer for sexual harassment. Once suit filed HR dept. finally showed interest in her allegation. Since she has filed suit her employer has delegated most of her job duties to others. She had been a good ee with a good working relationship with her boss prior to the suit. They are threatening to bill her for OT that was approved by her boss from last year approx. $5000. The company has had similar problems with the supervisor accused and the company has done nothing to remedy the situation. The accused supervisor is also a friend of the V.P of the dept. What seems to be happening is they are trying to get the ee to quit and drop her suit.
Would you consider this to be retaliation under DEFH or EEOC?
Scenerio:
An ee claims sexual harassment against a supervisory in another dept. she informs the HR dept. and they did nothing at first and the harassment continued. Then she continued to notify HR will little response. She filed a suit against her employer for sexual harassment. Once suit filed HR dept. finally showed interest in her allegation. Since she has filed suit her employer has delegated most of her job duties to others. She had been a good ee with a good working relationship with her boss prior to the suit. They are threatening to bill her for OT that was approved by her boss from last year approx. $5000. The company has had similar problems with the supervisor accused and the company has done nothing to remedy the situation. The accused supervisor is also a friend of the V.P of the dept. What seems to be happening is they are trying to get the ee to quit and drop her suit.
Would you consider this to be retaliation under DEFH or EEOC?
Comments
Retaliation can take many forms for example, job transfers, poor performance evaluations, verbal abuse, demotions, or withdrawing benefits. To prove retaliation, the ee must show that there is a cause and effect link between the adverse personnel action and the sexual harassment complaint.
Why would the company start saying that she needs to pay back the OT money? That doesn't sound right. If they tried to do that to me, I would call the DOL - especially since they already paid me for it and it was approved.
Just my thoughts and opinions.
LFernandes
The friend's perception of harassment might not be that of a 'reasonable person'. There are just too many missing details for any of us to comment.
Isn't early 60's elderly?? ;;)
Early 60's is downright old. Probably should have their drivers licenses taken away! You know how old people drive.
My $0.02 worth.
DJ The Young Balloonman
Job restructuring (changed duties, etc.) could be part of the requirement to protect the employee and eliminate the contact leading to harassment.
As someone pointed out above, California courts are leaning towards presumption of guilt on the part of the employer if they are not responsive to any and all complaints. Part of the investigation process has to include a resolution of some sort, whether it be discipline or a finding that the investigation is inconclusive but encouraging the complaining party to contact HR if there are any additional issues or retaliation. The complaining party should always be advised of the resolution and not left hanging.
Asuming the facts presented are accurate, an investigation may take weeks - but most certainly not months. If the complaining party complained a long time ago and has heard nothing about the resolution, California courts would look at this as non-action. Employers are required to be proactive and responsive to complaints.
First, there have been other harassment claims brought against this supervisor prior to this incident. They were settle out of court for a sum. Those ee's (more than one) no longer work for the company but, the offender still does.
Second, the ee hardly had any contact with this supervisor prior to and continues not to. She sits in a separate area and the supervisor seeks her out.
Third, the ee is married had told the supervisor(who is married too) this who proceeded to make advances and give her gifts which she rejected.
During all of this she notified HR. This has been several months worth of harassment. Only until the suit was brought did her responsiblities get taken away from her. Basically she sits at her desk does minor things and sits waiting for work.
Thank you all again. I believed this is a retaliation issue but just wanted second, third, forth..... opinions.
LFernandes
I would just like to say your young at heart until you can't blow a bubble with bubble gum.