How long does an investigation take?

[fighting_back]

What is the name of your state?What is the name of your state? VA

I filed a compliant on Dec 30, 2005, against my boss at the time. I had my interview with the investigator on Jan. 3rd. She told me that she is usually pretty quick with her cases and it takes her no more than 1 week. Well, 1 week has come and gone. I haven't heard from her since. FYI, I'm a contractor so my company's HR and his company's HR are both involved. The investigator is from his company; however, she does not work in his part of the organization. My company rep tells me it's a good sign that the investigation is taking long. I gave the investigator text messages that he sent me, AIM conversations that took place at work (ie, him flirting aggresively), pictures of semi-nude women posted on the cubicle walls of some male coworkers, me documenting 5 months worth of harassment, and a list of witnesses. So what is taking so long? How long does a sexual harassment investigation take? Since reporting his harassment, I have been transfered to a new boss, but I am still worried about retaliation from others (men). They have avoided me so I know the investigator probably talked with them already. I work in IT, so 90% of the people in the building are men.

What exactly is retaliation? Do they have a right to ignore me?

 

[seniorjudge]

What is the name of your state?What is the name of your state? VA

I filed a compliant on Dec 30, 2005, against my boss at the time. I had my interview with the investigator on Jan. 3rd. She told me that she is usually pretty quick with her cases and it takes her no more than 1 week. Well, 1 week has come and gone. I haven't heard from her since. FYI, I'm a contractor so my company's HR and his company's HR are both involved. The investigator is from his company; however, she does not work in his part of the organization. My company rep tells me it's a good sign that the investigation is taking long. I gave the investigator text messages that he sent me, AIM conversations that took place at work (ie, him flirting aggresively), pictures of semi-nude women posted on the cubicle walls of some male coworkers, me documenting 5 months worth of harassment, and a list of witnesses. So what is taking so long? How long does a sexual harassment investigation take? Since reporting his harassment, I have been transfered to a new boss, but I am still worried about retaliation from others (men). They have avoided me so I know the investigator probably talked with them already. I work in IT, so 90% of the people in the building are men.

What exactly is retaliation? Do they have a right to ignore me?

Would you like to tell us what you're talking about?

 

[fighting_back]

Would you like to tell us what you're talking about?

I filed a sexual harassment compliant again my direct supervisor. The investigator said that she is usually quick with her cases and it takes her about 1 week to get an investigation done. She told me this on Jan 3rd after interviewing me. I supplied her with everything I mentioned in my previous post. My HR lawyer/rep hasn't heard anything back from her yet. I want to know how long a sexual harassment investigation normally takes.

 

[seniorjudge]

I filed a sexual harassment compliant again my direct supervisor. The investigator said that she is usually quick with her cases and it takes her about 1 week to get an investigation done. She told me this on Jan 3rd after interviewing me. I supplied her with everything I mentioned in my previous post. My HR lawyer/rep hasn't heard anything back from her yet. I want to know how long a sexual harassment investigation normally takes.

Okay, we are not allowed to pull teeth here...dental regulations, you know.

WHO did you file this complaint with?

What investigator?

Do YOU have a lawyer (i.e., are YOU paying for one)?


BTW, no one can tell you how long an investigation lasts.

 

[mitousmom]

With whom did you file your complaint? Did you file it internally within the company or with a state, local or federal agency? Regardless, you should ask the entity with whom you filed the complaint how long investigations typically take and when she thinks yours will be completed?

 

[fighting_back]

Okay, we are not allowed to pull teeth here...dental regulations, you know.

WHO did you file this complaint with?

What investigator?

Do YOU have a lawyer (i.e., are YOU paying for one)?


BTW, no one can tell you how long an investigation lasts.

I filed it with my HR and HIS HR. I went through both companie's HR sexual harassment procedures. I went to my company first, who then called his HR company. Within an hour, a sexual harassment investigaor was assigned to the case.

I have an independent lawyer, with 20 years experience in harassment law, who is waiting in the wings because the harasser works for a major telecom company. He told me if HR doesn't stop it and the harassment continues, then we can sue. He said to go through my company's HR sexual harassment procedures first as well as his company's HR procedures for sexual harassment, which is exactly what I have done. I know that I can also go to the EEOC w/in 180 of my complaint if I am not satisfied with what the investigator's conculsion to the case.

I do not undestand why I am being kept in the dark in reference to getting some type of status update on the investigation. The investigator told me that it usually takes her 1 week. Also, she said this is her 1st case back from maternity leave so she doesn't have to forcus on anything else except my case/complaint. So why is it taking so long?

 

[seniorjudge]

I filed it with my HR and HIS HR. I went through both companie's HR sexual harassment procedures. I went to my company first, who then called his HR company. Within an hour, a sexual harassment investigaor was assigned to the case.

I have an independent lawyer, with 20 years experience in harassment law, who is waiting in the wings because the harasser works for a major telecom company. He told me if HR doesn't stop it and the harassment continues, then we can sue. He said to go through my company's HR sexual harassment procedures first as well as his company's HR procedures for sexual harassment, which is exactly what I have done. I know that I can also go to the EEOC w/in 180 of my complaint if I am not satisfied with what the investigator's conculsion to the case.

I do not undestand why I am being kept in the dark in reference to getting some type of status update on the investigation. The investigator told me that it usually takes her 1 week. Also, she said this is her 1st case back from maternity leave so she doesn't have to forcus on anything else except my case/complaint. So why is it taking so long?

Q: So why is it taking so long?

A: It isn't...you just filed it. "I filed a compliant on Dec 30, 2005...."

 

[fighting_back]

Q: So why is it taking so long?

A: It isn't...you just filed it. "I filed a compliant on Dec 30, 2005...."

Then what, in your opinion, is considered a long sexual harassment investigation in terms of time/days?

 

[seniorjudge]

Then what, in your opinion, is considered a long sexual harassment investigation in terms of time/days?

Anything over a year would seem long to me.

 

[mitousmom]

Do you and the alleged harasser work for different employers? If so, how then was he your boss?

Nonetheless, if you no longer work with the alleged harasser and your new boss isn't harassing you, the harassment has ended.

Your employer is required to investigate you report and to ensure that you are not subject to further "harassment." They've done both. They are not required to provide you with a report of the investigation or its outcome.

Unless, your male co-workers are failing to provide you with communications you need to perform your job, their reluctance to fraternize with you is not retaliation. In their minds, it's simply prudent.

You have 180 days of the last alleged discriminatory act - not the date of your complaint - to file a charge with EEOC. You will have to do so, if you plan to file a lawsuit in federal court.

 

[fighting_back]

Do you and the alleged harasser work for different employers? If so, how then was he your boss?
QUOTE]

I am a contractor. I get contracted out to IT companies. I get my paycheck from my contracting company; however, I work at the telecom company.

So, by your definition, "a boss" is the person who gives you the paycheck? Is this the law?

If so, then I guess I don't have to show up at work whenever my direct supervisor tells me to because, by your definition, he is not my boss.

 

[mitousmom]

The federal anti-discrimination laws prohibit employers from discriminating against their employees. Therefore, legally it makes a difference whether you have an employee-employer relationship with the employer of the person that you allege harassed you.

Your employer's contract with the company at which you work should specify your reporting requirements, including who sets your hours of work and who gives you assignments.

 

[fighting_back]

The federal anti-discrimination laws prohibit employers from discriminating against their employees. Therefore, legally it makes a difference whether you have an employee-employer relationship with the employer of the person that you allege harassed you.

Your employer's contract with the company at which you work should specify your reporting requirements, including who sets your hours of work and who gives you assignments.

By my consulting company's reporting requirements, the telecom company that I am contracted out to sets my hours of work and my assignments.

 

[fighting_back]

I got the call from my HR company saying that the investigation has been concluded. My HR company does not know what his punishment, if any, will be. Since I am a contractor and he is an employee, his HR must protect him. This really gets my blood boilling. So he gets away with it! I have no closure...I do not even know if he is going to get some type of punishment.

I'm considering going to the EEO. I feel like his HR department is just 'sweeping me under the run' so to speak because I am a contractor. Their arugment is that since they have transfed me to a different supervisor, then the harassment has stopped. However, I do not feel like justice has been served. I feel like I should know what type of punishment he is getting regardless of the fact that I am a contractor.

So it's okay to sexually harass contractors and get away with it because they aren't "technically" employees? I don't think so.

Will EEO take my case?

 

[mitousmom]

You never know until you try. However, EEOC's objective is to prevent sexual harassment in the workplace. They are not going to process a complaint simply for you to find out whether and how the offender was punished. You wouldn't get that information even if you were an employee of the your ex-boss' company.