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Sexual Harassment
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Sexual Harassment
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I have an employee that has been sexually harassing an employee at a nearby location. I suspended our employee pending an investigation. Was this the proper thing to do? Do we have any obligation to t
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Forums » Topic Forums » Legal Forum » Sexual Harassment
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Sexual Harassment
posted at 7/16/1999 2:22 AM EDT
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Posts: 4
First: 7/8/1999 Last: 7/16/1999 |
I have an employee that has been sexually harassing an employee at a nearby location. I suspended our employee pending an investigation. Was this the proper thing to do? Do we have any obligation to the other company's employee as we do with ours? |
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Sexual Harassment
posted at 7/18/1999 7:33 PM EDT
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Posts: 90
First: 6/23/1999 Last: 9/26/2001 |
From what you said, I presume that your employee is harassing one at another organization and not just another location of your organization. Suspending an individual pending an investigation for this issue is almost always a good idea. However, you would need to make sure you are consistent with your organizational policy in this area as well as any bargaining unit contracts if applicable. I am unclear as to why type of obligation to the other company's employee you are referencing. It is definitely your obligation to ensure that the harassment ceases and desists as well as conduct a thorough investigation of the matter and initiate the appropriate actions as a result of those findings. |
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Sexual Harassment
posted at 7/18/1999 9:14 PM EDT
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Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
Not (fortunately) having had any experience with this before, I also have alot of questions regarding such a scenario. So you are saying...an employee from Company A is accused of sexually harassing an employee from Company B.
Does the Company B employee makes his/her complaint to Company B or Company A? Who investigates? Company A, Company B, or both? Regardless of who investigates, the employee from Company A is handled according Company A's harassment policies/procedures? As I process through this, I'm finding lots of gray area regarding liability. |
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Sexual Harassment
posted at 7/18/1999 11:09 PM EDT
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Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
I am confused based upon your posting. Was this employee functioning as an agent of your company, performing his/her duties, when he/she alleged harassed the other company's employee? If not, why do you think your company needs to do something. If you go to the grocery store on Saturday and started making sexually pervocative statements to the clerk at the check out stand, are you saying that your company would suspend you for off the job acts, not related to your company?
Secondly, you don't describe what the alleged harassment activity was...not everything that a person does that may have sexual connotation constitutes sexual harassment...it needs to be severe or pervasive...merely making statements, asking for a date, etc. isn't going to do it. And if this type of activity was going on at the other company, why didn't that company "throw" the guy out of the store or tell him to stop...it had responsibility to its employees when a "customer" or even a "vendor" acts in a sexually harassing manner. Before "suspending" the person, did you get his side of the story? To answer your question, there isn't enough info to state that suspending the individual at this point was correct or not as compared to investigating (assuming it is appropriate to do so because the activity alleged is job related) and instructing the employee not to act as an agent for the company in relation to the other company, pending outcome of the investigation. |
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Sexual Harassment
posted at 7/19/1999 12:07 AM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
I agree with some of the other postings that more information about the behavior, the identity of the person who you believe was harassed, applicable company policies, etc., would be helpful.
If supportable, my inclination would be to base any suspension (or, if appropriate, termination) on violation of applicable company policies that apply without regard to whether the victim of your employee's misconduct is an employee. Did the misconduct rise to the level of criminal activity? Did the employee use your e-mail? Company property? Company time while not on company business? Again, depending on the severity of the misconduct, you now have knowledge that your employee has a history of bad behavior. If you do nothing, how will that fact look to your jury, the next time this employee does something even worse? Of course, the restrictions imposed on you, if any, by collective bargaining or other agreements must be abided. |
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