Downplaying the severity of breaking company policies and Federal Laws

[rudy14]

What is the name of your state? OHIO

I had a co worker make comments to me that were sexual in nature and I felt they were inappropriate. I am a member of management but this person does not report to me. I informed the employee that i felt uncomfortable with the comments they made and it was creating hostile working conditions. I told her that her comments were sexual in nature and were not welcome. They continued to make these types of comments regardless. I filed a complaint with my supervisor, and as a result, a write up to my co worker was issued. i was told this person put in a 3 week notice to resign, and that this was the resolution of my complaint and their notice was suffice in resolving the issue. I was also told that i would not have to deal with this employee if i so chose not to. Upon receiving her write up, she said that she was just joking around and i took it out of context. She has retaliated by telling other co workers that i sexually harrassed her and that i was going to jail. Obviously this was not true. She has since made comments about me to other employees that i am stupid, i dont know how to do my job, and other comments that make me feel harrassed, even though she is not directing it to me. i was told that her resignation was sound and that if she changed her mind, my supervisor would stand their ground and not allow her employment to continue. This co worker has since changed their mind on quitting, and has now been offered a position in which i am their direct supervisor. I have also been informed that her wrttien write up has now become a verbal warning so that she may take this other position, because she has been employeed for two years and management feels compelled to offer her another position to maintain her employment. I have told my supervisor that this decision makes me feel uncomfortable and i feel threatened that i have to work directly with this person and be their boss. Based on the past history of this co worker i feel that they will cause a conflict or hostile work environment for me and in return result in further retaliation against me by this co worker for filing a complaint against them. In short, what i was told about not having to deal with her anymore, and her giving her two week notice, that this would be the resolution of my complaint and in accordance with the companys "zero tolerance" policy of sexual harrassment( which my complaint filed was determined to be), that this is the disciplinary action take.
Am i wrong in feeling that they have now downplayed the severity of the complaint that i have filed, and the companys strict policies regarding sexual harrassment. I now feel that they would rather see her keep her job and sweep the whole issue under the rug, than to assure me that i have a safe and non hostile working environement. Have my rights been violated? Is there anything i can do to stop them from making me her direct supervisor? Any advice would be helpful!

 

[mitousmom]

The anti-discrimination laws require an employer to conduct an inquiry into allegations of sexual harassment, end any harassment found and to take appropriate measures to ensure that the harassment does not recur.

You indicate that your company responded to your complaint by issuing the offending employee a written disciplinary action. The employee, on her own decided to resign. Had she actually departed, the employer probably would have been judged to have appropriately responded to your complaint.

I don't think you get to decide whether the employer should have allowed her to rescind her resignation or whether it should have lessened her penalty. However, you can question management's decision to assign her to you. Management has the responsibility to ensure that the sexual harassment of which you complained doesn't recur. One of the common ways employers ensure that, is to not having the employees work together or work near each other. Obviously, assigning her to you doesn't accomplish that.

Under normal circumstances, however, subordinates don't have the power or control to create a hostile environment for a supervisor or to retaliate against them. Theoretically, if the employee engages in inappropriate behavior that violates company rules or governmental laws, the supervisor has the authority to take disciplinary action against the subordinate.

I suggest that you ask management why she is being assigned to work for you. Ask them how they plan to ensure that she doesn't again make inappropriate comments and whether they are giving you carte blanche to discipline her if her inappropriate behavior should recur. You should also mention that you are aware of the comments she's made about your competence, etc. and you consider that as inappropriate as well.

It seems to me that their decision has all the ingredients of an impending disaster and is not really fair to either of you. Why would the offending employee want to be assigned to someone whom she knows she has offended and knows that you are aware of the derogatory comments she's made about you?

 

[rudy14]

Under normal circumstances, however, subordinates don't have the power or control to create a hostile environment for a supervisor or to retaliate against them. Theoretically, if the employee engages in inappropriate behavior that violates company rules or governmental laws, the supervisor has the authority to take disciplinary action against the subordinate.

I suggest that you ask management why she is being assigned to work for you. Ask them how they plan to ensure that she doesn't again make inappropriate comments and whether they are giving you carte blanche to discipline her if her inappropriate behavior should recur. You should also mention that you are aware of the comments she's made about your competence, etc. and you consider that as inappropriate as well.

It seems to me that their decision has all the ingredients of an impending disaster and is not really fair to either of you. Why would the offending employee want to be assigned to someone whom she knows she has offended and knows that you are aware of the derogatory comments she's made about you?

I believe this empoyee who is quite manipulative, put in her resignation to only lessen the severity of the issue at hand, therefore diverting the attention of management to her leaving the company, rather than her being terminated. In otherwords I think she resigned out of fear of losing her job. When she found out she wasn't going to lose her job, she took the opportunity to again manipulate the system in her favor. Given her past history, she does what she wants, and gets away with it. Simply because she can. Why management continues to allow this, I do not know, However, I am told that it wont continue.

This employee was given the position of a "floater" on an as needed basis. Which means when shes "floating," she is not under direct supervison of me. However when she is not "floating." She is under the direct supervision of me as a sales person. More often than not, there isnt a large need for her to "float" so the majority of the time she will be working for me. I think she took the position because she knew she would be working for me, and she would be able to get back at me or make things hard for me. Practically out of spite.

I have asked my boss as to why they would want to put me into this type of position and subject me to further complaints, harrassment, retalliation, etc..

My supervisors response is that it wasn't up to her, and ultimately it was up to my supervisors boss. I know for a fact that this isn't true and she is passing the buck off on to her superior. My boss is a district manager, and is responsible for the whole district, where as her boss is responsible for the district managers, and is the zone manager.

I have also brought up my concern that there would be a complete lack of respect on my co worker's part, and i was worried about retaliation, and a lack of my ability to perform any disciplinary action if necessary, as it might look as if i were retaliating against my co worker for her being disrespectful to me and causing problems. My boss again informed me that it wasnt her decision and it was out of her hands.

I don't want to lose my job, especially because of a manipulative co worker who has the ability to co-erce management into getting her way.

What should be my next step?? I'm really lost!

 

[mitousmom]

I suggest elevating the matter to your supervisor's boss. Indicate to him that you don't believe that, given the circumstances, the employee should be assigned to work with you at all. It's your understanding that as a part of resolving an allegation of sexual harassment, the company must take steps to ensure that the harassment doesn't recur. Typically, that's done by making sure that the employees don't work together or have the chance to come into frequent contact with each other. You don't think this assignment satisfactorily resolves your complaint because it doesn't eliminate the possiblity that you will be harassed again by this employee. Further, assigning her to work with you will send the wrong message to other employees. Complain about someone harassing you and the company will make you work together. A Supreme Court decision requires employers to have an effective system to address complaints of sexual harassment. I doubt that your employer's practice would meet the Court's definition of effective.

If that doesn't work, I suggest that you contact EEOC or your state human rights agency to pursue the matter. Be prepared to explain why you think a subordinate can effectively harass a member of management.

 

[rudy14]

Thank you for your advice thus far.

I have sent my supervisor's boss a detailed email layign out the circumstances and the situation however she has yet to respond. I talked to my boss, and she told me that her boss got the email, however didnt have time to read it. In the mean time, I have just found out that they have now offered this troubling co worker, the assistant district manager's position. Im not sure what to do now or if there is any point....but just to give you a heads up. I will post again once i have found out more.