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is this sexual harassment?

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Laura31

Junior Member
What is the name of your state? New York

.
-11/05 he pops his head into my car (we are @ work in uniform) and he smells my neck, I tell him to get out and cut it out. He does this again but this time he crosses my face to the right side of my neck and as he is pulling out of the car he presses his face into mine, pushing my head into the headrest, i clench my jaw out of disgust and he proceeds to wedge his tongue in between my lips and tries to stick it in my mouth. He doesn't get in there but starts licking my teeth. He stops after 10 or so sec and plays it off like a joke. i tell him i will kill you if you touch me again. I report it to a detective who then speaks w/ him.
-01/06 He attempts to apologize to me, he explains he thought I was interested in him, that he felt something, he says we talked about the issues w/ his wife, his job search, etc.. I said well that doesn't mean I wanted you to do that. He continues and turns it into a joke again, I recall getting angry w/ him by the end of the conversation.
-02/06 A couple of months pass and he begins saying to me "we are going to have sex", "we are going to have good sex b/c u r angry at me", "you gave me wood", "you know what they say about black guys dicks..". (I have witnesses who testified to this during the investigation to my complaint.) These comments are sporadic but said maybe once a week infront of people and while we are alone. We are being cordial to one another as far as our work relationship, but I guess if you give them an inch they take a mile.
-07/06 I get promoted and become his supervisor and there is a party which I don't go to. He leaves a message on my cell phone saying I am a bitch and a liar.
My complaint w/ my employeers have led to no where. They are possibly putting something in his file. I contacted EEOC but I am being told I have to work with him and that I can not be accomidated as far as sheduale change and it is against contract to chage him. Do I need a lawyer? Do I take legal action?:confused:
 


justalayman

Senior Member
My complaint w/ my employeers have led to no where. They are possibly putting something in his file. I contacted EEOC but I am being told I have to work with him and that I can not be accomidated as far as sheduale change and it is against contract to chage him. Do I need a lawyer? Do I take legal action?:confused:
it is against contract to chage him
what is the misspelled word? Charge? If so, it would seem you have a CBA and this may address the proper actions for you to follow. Do so.

What contract would you have that prevents such charges and prevents application of federal laws?

Are you following any sexual harassment policy for direction and method of complaint in place from your employer?



Additioanally, document all instances of sexual harassment with date, time, witnesses, and any other details involved in general.

You situation with the EEOC seems a bit odd. It sounds as if you asked some questions of them rather than requesting to file sexual harassment/hostile work environment charges against the perpetrator AND your employer.
 

mitousmom

Member
You should have reported his offensive, unwelcome sexual behavior to management when it occurred. Now, you are his supervisor and can discipline him for rule infractions. Check your company's policies and rules, including the rules for sexual harassment and discuss the situation with your supervisor. If he engages in any behavior that violates the rules, follow company policy and practice and discipline him as you would any other employee who breaks the rules.
 

Laura31

Junior Member
jetx...

let me clarify;
my employer is doing nothing with the complaint and stated i must work w/ him. thus I contacted EEOC and I am currently waiting for forms and an interview.
 

Laura31

Junior Member
justalayman,

the mispelled word is change. Sorry abour that.
They will not change his work sched. so he doesn't work with me.

as far as the contract. Our contract states there can be no disciplinary action held against him b/c there is a nine month limitation on complaints. B/c the initial acts occured over 9 months ago, they can't address it. They also feel although he continually said these things (up until this past May), there is no pattern of sexual harassment. I thought sexual harassment isn't a contractiual issue but an affirmative action issue.

I did not report the initial incident to H.R. when it first happened for a variety of reasons. That I can not change and I won't second guess myself so there is no need for anyone to lecture me on that. I did report it to a person in our department who acts as a supervisor who in turn spoke w/ him.
Since my report late last month, I have followed all complaint procedures. They on the other hand haven't. NYS has a sexual harassemnt policy and they have not followed the entire NYS policy. Regardless, they are doing nothing close to what I and my co workers expected.
 

justalayman

Senior Member
as far as the contract. Our contract states there can be no disciplinary action held against him b/c there is a nine month limitation on complaints. B/c the initial acts occured over 9 months ago, they can't address it.
each act would be a new violation so if the situation of harrasment continues, there would be no 9 month limitation imposed.

I thought sexual harassment isn't a contractiual issue but an affirmative action issue
.correct but if you failed to report it within a given time limit (even the EEOC has time limits) it is presumed you were not all that offended so it should be dropped.

thus I contacted EEOC and I am currently waiting for forms and an interview.
This is different than your first post concerning the EEOC. They cannot act without a formal complaint in place and it seems they are taking the neccessary steps to allow you to file a complaint. You will have to wait for their decision regarding the ability to sue or not after you file your complaint.
 

mitousmom

Member
If I understand the facts you've presented, at some point you complained to a supervisor about your co-worker's behavior and the supervisor talked with the offender. From the dates of the incidents you present, it doesn't appear that the offending employee has done anything since that could be sexually harassing. Calling you a bitch and a liar isn't sexual harassment. Therefore, it appears that your employer has met its obligation under the federal EEO statutes.

However, your situation is different now that you and the offending employee are no longer co-workers and you are his supervisor. When you two were co-workers,it was management's responsibility to respond to your complaint and determine whether you suffered sexual harassment and if so, attempt to end it. However, now you are management. As the harassing employee's supervisor you should have the authority and power to control his behavior or discipline him for sexually harassing behavior to you or any other employee. But, as noted above, you haven't indicated that the offending employee has engaged in any behavior towards you that could be considered sexually harassing.

if you failed to report it within a given time limit (even the EEOC has time limits) it is presumed you were not all that offended so it should be dropped.
Not really, it simply is a statute of limitations or filing requirement which means that if you don't raise the matter within the required period, you can't proceed under law; it has nothing to do with the validity of the complaint.
 

justalayman

Senior Member
Not really, it simply is a statute of limitations or filing requirement which means that if you don't raise the matter within the required period, you can't proceed under law; it has nothing to do with the validity of the complaint.
Yes, I understand MM. I was just trying to impress the fact that if the complaint was so egregious that a complaintant would file without delay. If the complaintant was not so offended that it was not so important as to address the matter, then the law won't forever.It didn't come out quite right.

I do realize that it is, of course, an SoL, or such, that controls the timeline. It was not meant to infer the validity or lack of was the determining factor.
 

Laura31

Junior Member
If I understand the facts you've presented, at some point you complained to a supervisor about your co-worker's behavior and the supervisor talked with the offender. From the dates of the incidents you present, it doesn't appear that the offending employee has done anything since that could be sexually harassing. Calling you a bitch and a liar isn't sexual harassment. Therefore, it appears that your employer has met its obligation under the federal EEO statutes. .
The supervisor talked with him, the comments stopped but they then started up again... they have continued until the phone call where he called me a bitch and a liar. Since then I have not seen him. ThAts the only reason why he hasn't said anything to me.
Once again, the comments stopped after he was spoken with. A few months passed with us ignoring each other. We began being coordial to one another and the comments started up again- all of then being sexually related, about us having sex, his d*ck size, him getting a hard on b/c of me.
W/ my employer knowing that how have they met their obligation?
 

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