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Harassment Investigation
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An employee recently filed a harassment claim against a supervisor in which she had a consensual relationship. In her claim she disclosed explicit allegations and described the sexual nature of her re
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Harassment Investigation
posted at 8/4/1999 1:39 AM EDT
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Posts: 15
First: 6/15/1999 Last: 7/1/2003 |
An employee recently filed a harassment claim against a supervisor in which she had a consensual relationship. In her claim she disclosed explicit allegations and described the sexual nature of her relationship with this individual. Reacting, we launched an investigation in which the alleged harasser was aware of and also has read her allegations against him. During the interview, the alleged victim decided to withdraw her claim. Now, the alleged harasser(multi-unit mgr.) wants to clear his name and wants the company to proceed with the investigation. This claim was maintained in strict confidence by our management team. What obligation,if any, is the company liable for continuing this investigation on behalf of the alleged harasser? |
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Harassment Investigation
posted at 8/4/1999 6:42 AM EDT
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Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
You got too problems...did the woman knowingly make a false allegation against the manager? That's just as wrong as if the manager "sexually harassed" the employee and should be investigated on that basis. BUT, if the manager was in fact the employee's manager or superior, doesn't even the consensual relationship, if it existed, constitute a wrongdoing by the manager for engaging in it and placing the company at risk. That too needs to be looked at and then perhaps you may find that the manager did act inappropriately if not sexually harassingly (is that a word?). After all, if the employee complained subsequently to the relatinship, then at the time of compaint that relatinship was UNWELCOMED. |
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Harassment Investigation
posted at 8/4/1999 10:34 PM EDT
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Posts: 90
First: 6/23/1999 Last: 9/26/2001 |
I couldn't agree more with Hatchetman. Not only that but you also have an ethical issue here as well. Is this the type of environment your organization wants to be viewed as? If not, you need to complete your work and take whatever appropriate action on the parts of both parties. If you have written policy on any of these areas, and I would highly recommend that all organizations have them, be sure you adhere to your policy. Especially if you have unions present in the workplace. You need to make sure the investigation is finalized and not just dropped. It could come back to bit you later if the alleger saiys they were coerced into this for fear of retaliation, etc. Be careful and there is always your attorney to consult for direction. |
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Harassment Investigation
posted at 8/8/1999 10:53 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
I agree with Hatchetman and BetHutch. Possible acts contrary to your sexual harassment policy were brought to your attention-- you need to reach your own evaluation as to whether the allegations were or were not well-founded for many of the reasons they discuss. Check your policy --- does it obligate you to do anything in particular here? |
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Harassment Investigation
posted at 8/12/1999 5:01 PM EDT
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Posts: 30
First: 8/12/1999 Last: 2/4/2000 |
The issue of UNwelcomeness is the defining one for a claim of sexual harassment.
Therefore, if the woman found the relationship or the man's conduct unwelcome ONLY in RETROSPECT, and not DURING the period that the man was engaging in the now allegedly offensive conduct, I don't see how this could be sexual harassment. Also, bear in mind that voluntariness and unwelcomeness are NOT the same thing. |
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