Brought forth a sexual harassment claim at work..Now what?

Question

I have had trouble with an much older male co-worker harassing me and saying in appropriate things such as "Just stand there and look cute so I can stare at you." At first, I tried to laugh it off like my other co-workers but after a while it became bothersome. I tried to establish boundaries with him but he failed to respect them. He would contact me often via email saying he had some important work related information and he needed to speak with me a.s.a.p. I would give him the benefit of the doubt and answer his call but he wouldn't talk about work. He'd talk about himself as if he was trying to make me fall in love with him and ask personal questions. I was really bothered. He's done this to my co-workers as well and they have admitted that he is strange. Recently, a volunteer said she witnessed him acting inappropriately with our customers. I emailed the CEO of my company letter her know all this and she said that she was "surprised and disappointed" to read of this. She said she would set up a meeting with him (which took place this morning) and get back to me but she has not. This man has stated over and over that he is the Supervisor of our company (which has not been confirmed) and "is in good.. real good with the management." I don't know how he meant this-- perhaps as a threat?

What do I do now? I haven't heard back from our CEO. Did I do the right thing?

Answer 1

You have done everything right.  Also, you are absolutely correct that this behavior constitutes sexual harassment.

Sexual harassment is "unwelcome" verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostle work environment.  You correctly spoke to the harasser that the conduct was unwelcomed and made you uncomfortable.

The harasser has constituted behavior in two manners that is considered by law sexual harassment.  First, he made verbal and/or written comments of a sexual nature.  Second, he made nonverbal sexual behavior in a derogatory manner by looking you up and down, gestures, or facial expressions.

Since the harasser's conduct has occurred on more than one occassion, that meets the definition by law that the conduct was severe and pervasive.  Questions you need to think about are; How many times did the incidents occur?  How long has the harassment been going on?  How many other people were also sexually harassed?

Another factor is how the affects of the harasser's behavior has affected your working conditions or environment.  If the conduct unreasonable interferes with your work performance or creates an "intimidating, hostile, or offensive work environment".

Sexual harassment is a violation of Federal Laws and in some states, State Laws.  As for Federal, as long as your employer employes 15 or more employees, you are covered under the EEOC and the Civil Rights Act of 1964, Title VII.

Under this law the employer is liable to prevent and stop sexual harassment of employees.  First, they must take reasonalbe care to prevent sexual harassment.  Second, they must take reasonable care to promptly correct sexual harassment that has occurred.  However, there are no specific actions an employer must take to satisfy the requirement tht it take reasonable care to prevent or stop sexual harassment.

Here however is a key point.  Your employer must be aware that the harassment has occurred before an employer can be legally responsible for taking reasonable care to correct sexual harassment.  You have already satisfied this step.  I hope you kept a copy of the email that you sent to the CEO as well as any emails from your harasser.  

You must say "NO" clearly.  Tell the person that his behavior offends you.  Firmly refuse all invitations if the harassemnt does not end promptly, write a letter asking the harasser to stop and keep a copy.  Also, start keeping a log for yourself and tell any co-workers to do the same.  (start a paper trail)

I would continue to approach the issue in writing to your CEO as well.  Your CEO can not tell you what action if any was taken against the harasser because, that would be against the law.  However, the CEO can confirm that the situation has been addressed and what you should do should the behavior continue.  If you do not receive such a reply from the CEO, then you need to inform the CEO (in a professional and non-threatening manner) that you plan to file charges of sexual harassment with the EEOC.

Also, you must be aware that you employer can not take any action against you, now that you have informed the CEO, this would be considered retalitory in nature and is even further against the law.  If you must report it to the EEOC, any retaliation is even greater against the law.

I am sorry that I have rambled on, but I wanted to give you as much information as possible regarding the matter.  Just be assured, you have done everything correctly thus far.

If you have any further questions or need additional information, please feel free to email me or if you prefer list the additional information under your question and I will check back.

Best wishes.

Answer 2

Sexual harassment suits are PC mania to the umpteenth degree. Employers are caught between providing everyone a decent workplace, and allowing people to be people.

Seeing you brought suit will make you a hot potato to employers - you may as well say "If I'm not comfortable, I may sue you and you'll lose everything" - cause that's what they think when they see you.

If possible, I suggest you terminate the action and get to the bottom of things mano e mano - the old fashioned way.

You need to drink together (whether alone or in a group) till the point of connection is found - where he respects you and would feel foolish showing you anything other than respect.

My solution is perhaps unorthodox in todays world, but will provide a more satisfying and lasting REAL solution.

Answer 3

I think that you are expecting an answer too quickly from the CEO.  She needs time to evaluate the statements from you and the guy.  Being accused does not automatically make one guilty.  Everyone is entitled to due process.  

Stick to your guns.  This will take time.  Hopefully he will learn from this and change his behavior.  If he does not, report him again.  If you do not get an appropriate response from the company, seek help from the state attorney general or the labor relations board.

Answer 4

If you do not hear back from the CEO by Monday afternoon, email her and ask if you need to pursue this further through other means.  Do not be more specific than that.

If you hear nothing, consider filing criminal charges against the offender.  What he has done by your description is called Accosting with the possibility of duress because of the possibly threatening comments he made.  It may seem too much for a seeming small indiscretion, but illegal behavior is illegal behavior.

Answer 5

yu did the right thing, if they don't fire him or at least get him away from yu then that company isnt worth yur time.