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Behavior to co-workers outside the workplace setting

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R

rsrch45

Guest
State: Oregon

SITUATION: Off-site, union sponsored social event (party at a local estabalishment, non-hosted bar). Allegations of intoxicated employee engaging in offensive behavior (e.g., inappropriate touching, lewd comments and solicitations, physical threats) towards co-workers and co-workers' spouses/partners. The employee in question is at a peer level with those complaining (employee is in a non-supervisory position). After the party, when the employee found out others were complaining at work, the employee told co-workers, in essence, they'd better keep their mouths shut.

QUESTION: This was an off-site union sponsored event. Does the employer have any liability in the areas of sexual harassment or hostile work environment? I'm thinking I read some case law some time or other that would indicate there may be liability in the area of hostile work environment, but I haven't been able to find anything in web searches. I'm a mid-manager and have been asked to provide my supervisor with an assessment if we (the employer) need to be taking action.

Thanks for any assistance you can provide in pointing me in the right direction.
 


Beth3

Senior Member
Interesting dilemma. Clearly, if it were a company-sponsored event and such behavior occurred and co-workers complained, the company would have liability if they failed to deal with the situation. The fact that the union sponsored it makes the lines murky.

What IS clear however is that this drunken lout of an employee retalliated and threatened co-workers when they complained to the employer. The employer must deal with that as the retalliation was directly connected with the harassed employees complaining to management. If you fail to do so, you will have significant liability - much more so than for the initial behavior he engaged in.

I suggest you deal with this jerk posthaste - he's bad news.
 

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