Harassment?

[cmail07]

Texas
I am not sure if what happened to me would be considered harassment or not. My supervisor was walking around our work area one morning with a rope in his hand, hitting it against his other hand. It reminded me of a prison warden trying to control his prisoners. So I asked him "you got a whip there?" and he answered "why, do you like to be spanked?" My question was not sexual in nature nor did I intend it to be. There is quite a bit of tension between this supervisor and us employees, and his comment embarrassed me and made me feel uneasy. Instead of giving him an answer, I told him to go ask my boyfriend who also works there. My supervisor went and asked my boyfriend who was so embarassed that he would not answer, just turned red in the face. My supervisor then came back to me and told me that he would not answer, that he just turned red. The few employees around me who heard all this could not believe his behavior and voiced their concerns about it to me. This is the first time that this supervisor has ever said anything like this to me, so it's not an ongoing problem...yet. Not I feel uneasy around him. So does my boyfriend. Was this sexual harassment or not? It was definitely unprofessional. My job is with the Postal Service. What should I do about this problem? Can this supervisor be fired or reassigned if I feel uneasy being supervised by him? Thanks for any help.

 

[cbg]

While I agree with you that this was thoroughly unprofessional, one instance is not sufficient for a claim of sexual harassment. (There are two exceptions to that; one would be if he had touched you and the other would be if there were a "quid pro quo" situation, but in this case one instance just won't cut it.)

Document it, and if you feel that you want to, report it to HR. Keep in mind though, that AT THIS TIME they are not obligated to do anything about it or conduct an investigation. If the supervisor continues with this sort of thing, this instance can be considered the first in a "pattern of behavior" that could lead to a sexual harassment claim, and if you reported that kind of pattern they would then be obligated to investigate and do what they felt necessary to make the behavior stop. Since one instance cannot legally be considered sexual harassment, though, at this time they are not required to do anything if you report it. I'm not saying do it or don't do it; just letting you know what is and is not required at this time.

Even if this were sexual harassment, you do not get to demand that he be fired or reassigned. You certainly do not get to do so for what has happened so far. When and if you report it the company may do either or both if they choose to use that method to make the behavior stop, but you don't get to decide it. If they ask you what you want to have happen and what you want is to have him fired, you can tell them that, but they aren't then obligated to do so.

Keep in mind that I know nothing about your job and your situation and have no idea whether this would be feasible, or even whether you would consider it acceptable. But since at this time you cannot file a sexual harassment claim and since you are uncomfortable with him, one thing you CAN do is request a transfer. I realize that you may think that is unfair, and I'm not telling you to do it, and if the company forced you to take a transfer over this and you asked me what to do I'd tell you to file a retaliation complaint with the EEOC. But the option exists.

I realize this may be confusing because I'm telling you what you can do now and at the same time I'm telling you what you can do in future. So here's a timeline breakdown for you:

1.) At the present time, you do not have a valid sexual harassment claim.
2.) It is possible that you may have one in future.
3.) While you most certainly have the right to report the incident now, the company is not required by law to do anything at this time since at this time, legally sexual harassment has not occurred. They may, if they wish, discipline him for unprofessional behavior, but that is their choice. They cannot be forced to do so.
4.) If the situation escalates into an actual sexual harassment situation, you most definitely should report it to HR or to upper management, whichever is appropriate in your company.
5.) You do not have the option, either now or later, of choosing what discipline he gets.
6.) When and if you do have a claim, you may tell the company what you would like to see happen to him, but the company is not obligated to follow your wishes.
7.) When a claim of sexual harassment is reported to them, the company is obligated to conduct an investigation and, if they find that sexual harassment has occurred, they are obligated to make it stop. Period.
8.) If they fail to make it stop within a reasonable time after you make the report, you have a right to file a complaint with the EEOC.
9.) You may, both now and later, request a transfer of your own accord.
10.) If the company chooses to deal with the situation by transferring you rather than disciplining him, you would most likely have a retaliation complaint that you could file. Transfer must be your choice.

I hope this helps. Feel free to come back with any other questions. Good luck.

 

[klady]

So he had a rope, you asked a smart-aleck question and you got a smart-aleck reply.

What are your damages - aside from a bruised ego?

Harassment? Gimme a break.