Sexual Harassment via a "note"
KathyA
29 Posts
A manager in another unit partially closed an employee's door, fumbled through his pockets and presented the employee with a note (akin to asking the employee if she worked in a nightclub, if so, where and when). We are investigating along with a witness who saw the manager in the office with the door partially closed.
If he denies the allegation, what are our options (she does not have the note as "evidence")? If he affirms the allegation, what type of discipline would you suggest as a first-time offense?
Also, in the corrective action statement to the complainant, is it necessary to detail what specific action was taken against the manager, OR should we simply reiterate the policy to include that future violations could lead to termination? THANK YOU.
If he denies the allegation, what are our options (she does not have the note as "evidence")? If he affirms the allegation, what type of discipline would you suggest as a first-time offense?
Also, in the corrective action statement to the complainant, is it necessary to detail what specific action was taken against the manager, OR should we simply reiterate the policy to include that future violations could lead to termination? THANK YOU.
Comments
Oh wait. You mean a nudie bar?
That reminds me of a FUN situation at my last employer. Two ee's worked in a call center. Both were like 19 years old. The female ee went to some big party and took of her top while dancing upon a table. The male ee was at the same party and took a picture of her doing her thing. Then the male ee brought the picture to work to pass around.
To be honest, I remember parts of the resolution, but not all. I do not believe the female ee was informed of the male ee's exact sentence. She was just told that action had been taken. I believe there was more to it though because I remember her getting into trouble as well.
I agree that it seems a bit odd to present the EE with a note rather than just asking, but I don't think the curiosity alone means very much. EEs are involved with each other in all sorts of ways off of work. Softball teams, scrapbook clubs, etc, etc. Perhaps he was just looking for a place where his softball team could get a good deal on after game cocktails?
If the EE is concerned that this manager will show up at a public place and see her working, so what?
If he has somehow tied all of this into an adverse action at work, then you may have something to investigate, but based on the rather thin information provided, I don't see much here.
I would work a little more with the offended EE to determine what it was about the exchange that made her uncomfortable. Then I would base the rest of my actions, including the possibility of educating the offended EE, about what she can do in this situation.
Our first suggestion is for the offended EE to let the other EE know that the language or actions is inappropriate and to not do that sort of thing in the future. Obviously some situations don't lend themselves to that course of action and some EEs are completely uncomfortable standing up to people, so you have to guage your actions based on an assessment of the situation.
I am suggesting that either more information be provided or if not available, more investigation. Based on what was provided, I don't see an issue, that's why I think there is more to the story - perhaps the manager accompanied his note with other suggestions or other behavior that escalated the situation.
For example, if this same female employee had said, "I have a complaint. Crout has passed my door slouching 17 times today, back and forth, back and forth, always slouching. It's offensive. I think he's up to no good, and he grins." Under Gillian3 and Crouts school of thought, I would launch an investigation. However, if I know that Crout's duties require him to be on both ends of the hall throughout the day, juggling multiple tasks and that he has always slouched when he walks, due to a hip injury falling from the window of a girl's dorm room years ago, and he has that same silly grin 24/7, I am not going to investigate. I am going to tell the complainant there is nothing to deal with and I might or might not remind her that Crout's duties require him to pass her door throughout the day. If her complaints become multiple in this regard, each progressively less hollow, I will counsel with her about that.
>employee's door, fumbled through his pockets and
>presented the employee with a note (akin to
>asking the employee if she worked in a
>nightclub, if so, where and when). We are
>investigating along with a witness who saw the
>manager in the office with the door partially
>closed.
>
>If he denies the allegation, what are our
>options (she does not have the note as
>"evidence")? If he affirms the allegation, what
>type of discipline would you suggest as a
>first-time offense?
>
>Also, in the corrective action statement to the
>complainant, is it necessary to detail what
>specific action was taken against the manager,
>OR should we simply reiterate the policy to
>include that future violations could lead to
>termination? THANK YOU.
OK, back to the original post. Read it. It appears above. An employee 'partially closed a door'. I immediately, subconsciously begin to whistle the Charlie Rich tune "Behind Closed Doors". He absolutely must have had an intention to fornicate if he 'partially closed a door' and somebody saw that, so there's no doubt. String him up!
He 'fumbled in his pocket' (My God, do you know what all a man can do with a hand in his pocket??) He 'presented a note'. It's particularly noteworthy that the contents of the note are unstated. But, they were 'akin' to something. Try that statement in a hearing of any kind. Then fast forward a few lines to this one, "If he denies the allegation, what are our options?" What the hell are the allegations? Maybe I missed them.
Let's investigate first to see if her door sags and always swings halfway shut and has for years! Let's question her about precisely what was asked in the suspicious line of inquiry. And where is her written account? The first thing I would have done would be to ask her to reduce to writing precisely what occured and precisely what he asked her and if there was further dialog to precisely write that down as well. That's the first place the 'investigation' got into the ditch.
Without all of our contortionistic speculation, I'm afraid I might just have to tell this employee I really have nothing on which to proceed. And what about Crout's 'slouching'? Can't we just imagine that he only does that when he is stalking or gyrating in some suggestive sexual manner? Get real!
If I were to say anything at all to the 'criminal perpetrator', it would be, "John, Sweet Sue said you gave her some sort of note that upset her yesterday morning. What's up with that?"
What else happened or has happened since the incident?
Has this manager had other incidents that lead you to believe he is guilty of something here?