Harassment

A female employee was smacked on the backside while bent over by an employee who was just promoted to a supervisor (not her supervisor though). They were in the receiving area and she was bent over going through some boxes of products and he walked by and smack. She hit him in the chest and was very upset (yelling at him). There were witnesses and he immediately began saying "I'm sorry." over and over again. She was embarassed because the other three males laughed even though she said later she found out that they were laughing at him for being so stupid. This happened on a Friday just before quitting time. She did not come to the HR department as instructed in the handbook. She went to his boss and vented loudly when another manager heard her she informed her that she needed to inform the HR Director as instructed in the handbook. She said she would think about it. AT 4:20 P.M. on Monday she reduced the information in writing and said she feels that what has happened and by her complaining will affect her employment with other males and that the manager that told her to come to HR was insensitive and made her feel as though she did something wrong and that she was over reacting because the manager kept telling her to calm down. AT 8:00 A.M. Monday morning the "smacker" went to the CFO, (had worked years ago at the same company with the CFO) he told him what he did and that it was a reaction and that he apologized over and over to her and that he was sorry. The female feels that he should be demoted back to his present position and is using all the right words (sounds like a law suit coming up). What type of discipline would be appropriate? My thoughts were to send him to sensitivity training and we were planning on him attending supervisory training. Also, would three days off without pay be appropriate. In my 8.5 years with this company, I have not had any harassment or sexual harrassment incidences. We train a lot in these areas. Let me hear from others with similar situations.

Comments

  • 18 Comments sorted by Votes Date Added
  • [font size="1" color="#FF0000"]LAST EDITED ON 08-10-04 AT 05:43PM (CST)[/font][br][br]For the sake of damage control, I'd act swiftly. I would suspend him for one week, without pay, with a letter of reprimand to his file, immediately, if not sooner. Then I agree he should be quickly enrolled in some training, either supervisory or sexual harassment, even if you have to send him off for it, something to signal the EEOC and court that you did respond quickly and appropriately. It's not a firing offense and I'd draw the discipline line where I suggested it be placed. And I WOULD NOT read her the riot act about what the proper procedure is in the handbook. That will win you nothing but ridicule from a hearing officer or court. Do tell her that you have responded accordingly and would expect her to immediately come forward if there is any repeat. You owe her no explanation of what you have done and you certainly owe her no concurrence with her recommendation that he be demoted.
  • Demotion is extreme; a talking to and suspension would be appropriate and would send the message that the employer will not tolerate that kind of behavior. If the guy is genuinely sorry, he will accept the sentence. If you've investigated thoroughly and documented everything, including witness statements, then taken appropriate action, you should be ok. Yes the guy was stupid, he acted offensivley, she let him know the behavior was offensive, he apologized and as long as he doesn't do it again to her or anyone else, and the company has taken appropriate disciplinary action, that's the end of it. If she is treated differently, then you address that through the appropriate disciplinary channels. She is the only one who can control how she choses to feel about being asked to calm down, which is not inappropriate in situations like this. Nor can she presume to know the guy's intentions in confessing to the CFO. This is a tough one because emotions run high.
  • dchr: I agree with what you say; however, you stopped short of getting this new supervisor immediate training. If he is now a supervisor and had no better sense than to swat a woman's bottom at work, seems to me the largest missing piece of the puzzle is being educated on the quagmire of labor law. If he 'doesn't get it' now, he ain't 'gonna get it' later, without training or education. And the second question the EEOC or court will ask the employer is "What training did you have for supervisors and how did your training procedures react to this particular situation?" If the answer is "Well, we suspended him and we were thinking about some sort of internal training for maybe next year," you'll be in some really deep doo doo.
  • Since this was a one time incident, the above responses are very appropriate. Investigate, document and take swift action. It sounds as though this guy is a character and was in a good mood & did something without thinking. He went to the CFO on his own. That would tell me that he has learned a valuable lesson in this. Discipline, train (him & others) and be done with it, hoping it never happens again.
  • Thanks for all your help. We are going to send him to training, gave him a written reprimand and I have suggested to our CFO and COO that we give him time off without pay as most of your have suggested. I am on my way to their office with everyones responses. Thanks again, this was the first time I have used the forum other than viewing it daily.
  • I think you can't go wrong with these suggested procedures, just make sure to take caution in dealing with the "SMACKED" ee. and not make her out to be the bad guy. The supervisor should have known better and now he has to face the suspension, this is not HER fault.
  • Yeah, it's fine, thin line there because on the one hand you don't want even a hint of retaliation, and on the other you cannot have the offended EE calling the shots in regard to the action you take.


  • I agree with the suggested responses already given, provided the new "supervisor" hasn't already received sexual harassment training. However, if this individual has attended sexual harassment training, then I think removing him (demotion) from a supervisory position/role would be the best course of action -- both to get the message out that the company doesn't tolerate such behavior from its managers, and also to protect the company from future potential liability should this individual again choose to impulsively ignore the training and corrective action provided by the company.

    Additionally, your company should look at how it prepares its employees for promotion into supervision. It is an absolute must that sexual harassment training be provided to new (and current) supervisors, in order to establish your defense against liability -- (along with having a complaint process known and available to all employees).
  • Watrsflo is right, we should of provided further training prior to his promtion. He had just been promoted that week. It is almost days end and we are giving him a three day suspension without pay, scheduling diversity training, supervisory training and harassment training. A Written Reprimand goes in his file. He was very understanding and takes full responsibility for his action. This man is truly sorry. I further find out that from him that she ha been out drinking after hours with him and two of the maintenance men and she has asked him to do some remodeling at her home, which he has done for her at a discounted price. But - like he said he was wrong in what he did, but was surprised that she is carry on about it. Thanks again for the advice.
  • If I am remembering correctly, suspending an emempt employee for less than a week and not a safety violation is an issue.
  • >If I am remembering correctly, suspending an
    >emempt employee for less than a week and not a
    >safety violation is an issue.


    It is legal to give unpaid disciplinary suspensions of one or more full days for workplace conduct rule infractions.
  • Not until the new rule goes into effect. If less than one week, it can only be for a major safety violation. That was the reason I recommended one week unpaid suspension.
  • >Not until the new rule goes into effect. If less
    >than one week, it can only be for a major safety
    >violation. That was the reason I recommended one
    >week unpaid suspension.


    Once again the Forum comes through!! I thought the regs went into effect in April, but I now see they won't be effective until August 21. We just suspended an exempt associate for two days this week. We weren't going to pay him. I'm glad I learned about this before payday. I'm sure he'll be pleased to find out he must be paid for those days. Thanks.
  • Responses given show a good path to follow. Does anyone else have any heartburn about her smacking him in the chest? We do not condone violence in the workplace and I would not want to complicate this issue by bringing it up, but is it right to just let that reaction go? Just wondering.
  • Heartburn cannot begin to describe what I was feeling. Glad you brought it up. Hitting is subject to immediate suspension (at the least). I have a real problem with saying the response was self-defense. However, I probably really, really wouldn't want to discipline. So, since I'm not involved, I'll just take my Tums and be thankful that I can do nothing.
  • I suspect most of us would just try to ignore that aspect of this situation, but once burdened with the knowledge........
  • I believe the post referred to both as a smack, one on the backside and one on the chest. Both could be considered workplace violence and I’m glad it didn’t occur here.
  • I guess she could very gently be told that slapping him back was not the answer but if she is that upset, she is probably going to see that as blaming the victim. What an ugly situation.


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