How long does an investigation take?

[cbg]

The company's ONLY legal obligation is to make the harassing behavior stop. They are not obligated to tell you what action is taken or to take the action you think would be "justice". If the harassment has stopped, that's all the EEOC is going to be concerned about.

 

[fighting_back]

The company's ONLY legal obligation is to make the harassing behavior stop. They are not obligated to tell you what action is taken or to take the action you think would be "justice". If the harassment has stopped, that's all the EEOC is going to be concerned about.

Thanks for the information. So basically, he gets a slap on the wrist and I'm still left out in the cold. Go figure. I get violated, I complain, and in a couple of months when my contract expires, I will probably not get renewed. I'm sure he is laughing right now at the fact that he wins.

So all a company has to do is move the victim to another supervisor? Psssft. These sexual harassment laws are a joke.

It's a man's world.

 

[fighting_back]

Do I have a case?

On Monday, I was advised that the investigation is over. I am not allowed to know what his punishment, if any, will be. Yesterday was the 1st time we saw each other since I filed the complaint through HR. It's been 25 days. Anyway, I'm walking down the hallway. I hear someone loudly clear his throat from across the hallway. I turn around to see that it's him. He was looking at me and he was about to scan his badge to get a door open. I turn back around and head out through the double doors.

I knew he purposely did this to get my attention. Do I have a case or not? I know he is going to do this passive agressive **** to me. He is a smart guy too in the sense that he does this when on one else is around. The only so called proof I have is the fact that security can pin point the exact time he scanned his badge...so that there is document somewhere that points to him being there in the hallway at the exact moment.

I've documented this lastest occurence and sent it to my HR. I can only hope they send it to his HR. I also sent it to the lawyer that I went to see for a free consultation. He told me to go through HR first and if HR can't fix it and the guy continues to harassment (which he did yesterday in the hallway), then he may be able to help me.

I'm definitely going to EEO now that this has happened. However, I read on the EEO site that they may dismiss my case if I've already gone through my HR procedures/grieveance system for harassment.

What do I do now? I don't want to quit my job and I shouldn't have to given the fact that HE is in the wrong.

 

[seniorjudge]

On Monday, I was advised that the investigation is over. I am not allowed to know what his punishment, if any, will be. Yesterday was the 1st time we saw each other since I filed the complaint through HR. It's been 25 days. Anyway, I'm walking down the hallway. I hear someone loudly clear his throat from across the hallway. I turn around to see that it's him. He was looking at me and he was about to scan his badge to get a door open. I turn back around and head out through the double doors.

I knew he purposely did this to get my attention. Do I have a case or not? I know he is going to do this passive agressive **** to me. He is a smart guy too in the sense that he does this when on one else is around. The only so called proof I have is the fact that security can pin point the exact time he scanned his badge...so that there is document somewhere that points to him being there in the hallway at the exact moment.

I've documented this lastest occurence and sent it to my HR. I can only hope they send it to his HR. I also sent it to the lawyer that I went to see for a free consultation. He told me to go through HR first and if HR can't fix it and the guy continues to harassment (which he did yesterday in the hallway), then he may be able to help me.

I'm definitely going to EEO now that this has happened. However, I read on the EEO site that they may dismiss my case if I've already gone through my HR procedures/grieveance system for harassment.

What do I do now? I don't want to quit my job and I shouldn't have to given the fact that HE is in the wrong.

...I hear someone loudly clear his throat from across the hallway. I turn around to see that it's him. He was looking at me and he was about to scan his badge to get a door open. I turn back around and head out through the double doors. I knew he purposely did this to get my attention....

You're turning him in for clearing his throat and looking at you?

 

[fighting_back]

You're turning him in for clearing his throat and looking at you?

You wouldn't understand the big picture since you do not know what he has done (ie, his actions; his passive agressive style/non-verbal ways of sexual harassment) towards me for the past 6 months. This man is passive aggressive. He does this stuff so that people like you, who only see this as 1 'random' occurence, will say to me "you're turning him in for clearing his throat and looking at you?"


Him "clearing his throat" was fake. It's the same case if you are talking to someone about a 3rd party, and that 3rd party just happens to walk in...and someone purposely goes "AHEM AHEM" (ie clearing throat) to warn you that the 3rd party is there. Do you understand?

The guy was all the way down across and other end of the hallway from me. If he truly had a cough/cold and was clearing his throat, then it wouldn't sound like 'AHEM AHEM'....it was clearly fake and loud enough for me to turn around so that he could sucessfully get my attention and intimidate me by knowing that he was there.

 

[weenor]

You wouldn't understand the big picture since you do not know what he has done (ie, his actions; his passive agressive style/non-verbal ways of sexual harassment) towards me for the past 6 months. This man is passive aggressive. He does this stuff so that people like you, who only see this as 1 'random' occurence, will say to me "you're turning him in for clearing his throat and looking at you?"


Unfortunately for you Seniorjudge's comment is the way the courts will perceive it...in order to prevail on a sexual harassment claim (which you wouldn't because the company removed him from supervising you) you would have to show that his conduct would constitute harassment to a reasonable person. There is an objective as well as a subject test under the law...That means the conduct must be overt...not just something that you imagine he's doing.
Without knowing the rest of his alleged conduct no one here could give any opinion whether you have a viable case.

 

[mitousmom]

Whether true or not, whether with good reason or not, you're going to be viewed as hyper-sensitive if you start reporting every encounter you have with this guy.

EEOC typically will not dismiss a complaint simply because an employee used an internal complaint or grievance process. However, EEOC is probably not going to use its limited resources to investigate whether the guy's cough was fake or real. Even if it was fake, they are going to conclude that it's not sufficiently injurious to be actionable and warrant their time. EEOC probably will also look at the history of this situation and conclude that your employer and his employer did what was expected of them.

"Clearing your throat" is not a violation of any federal statute and is hardly harassment by the reasonableness standard by which harassment is assessed.

I recommend moving on and putting this episode behind you. You need to act maturely and professionally when you encounter this guy; over-reacting and showing that his presence and actions unnerve you is only going to give him the satisfaction of knowing that he can upset you.

 

[Gadfly]

Fighting Back,

Whatever action the company takes against your alledged harrasser is between them and the employee and none of your business.

They have taken action against him. They have taken proper steps to remove you from the situation.

Just exactly what are you looking for in the way of "justice?"

 

[fighting_back]

Just exactly what are you looking for in the way of "justice?"

At a minimum, I would like for HR to transfer him to a different building/location so there is no probability of seeing/interacting with each other in the hallway, meeting room, etc. He was out of the office the past 2 days and I felt mentally better just knowing that he wasn't in the building.

If the company decides to keep him on board, then so be it. It's their stupidity to keep him since he is definitely a liability to the organization and it will be only a matter of time before he does this again to another woman.

One thing this ordeal has taught me is that these sexual harassment laws exist to protect the company and not the victim. I'm still baffled at how HR tells me that since they transfered me to another supervisor, then the harassment has stopped. That's a bunch of BS. The man still harasses me even though I am no longer his subordinate. There's a huge loophole in these harassment laws and it's no wonder that a lot of women decide to quit their job instead of sticking it out and fighting back against the abuser. HR told me that they have to protect HIM and that is why they cannot tell me what his punishment, if any, will be. There's no closure for the victim in a company's HR grievence process.

 

[mitousmom]

It's unlikely that his company is going to move him, but they might move you to another building or location if you ask. Don't make the request a demand or harangue them about what you consider unfairness or injustice; just indicate that you need it for your own peace of mind. You'd like to reduce the risk of frequent encounters. They are not required to honor your request, but they might do so to help you get beyond this episode.

 

[SubstanceP]

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.

I work for a company that hires many contracters. By law, is my company legally required to protect the consultants from harrassment? If, TOTALLY hypothetically, were to pinch a consultants butt or tell him a dirty joke, I cannot get in trouble, but if I do that to a team mate that is not a consultant, I can get fired? Not that I'm planning to pinch butts anytime soon, I just really want to understand how it works.

 

[fighting_back]

It's unlikely that his company is going to move him, but they might move you to another building or location if you ask. Don't make the request a demand or harangue them about what you consider unfairness or injustice; just indicate that you need it for your own peace of mind. You'd like to reduce the risk of frequent encounters. They are not required to honor your request, but they might do so to help you get beyond this episode.

FYI...I went to EEO and they said that I can file a complaint. Also, a few days ago, a female coworker approached me and told me that HE did the same thing to her and that she is willing to testify. She apologized for not coming to me sooner...stating that she was concerned about losing her job, but that she couldn't look at herself in the mirror knowing that he did the same thing to me and would probably sexually harass another woman in the future. She also that that the investigator never approached her to ask her questions. So this tells me that the company did a half ass job of investigating given the fact that I told the investigator to go to specific people (witnesses). So not only can I nail his ass for his improper behavior...but now EEO really go after this company for doing such a ****ty investigation job.

 

[weenor]

FYI...I went to EEO and they said that I can file a complaint. Also, a few days ago, a female coworker approached me and told me that HE did the same thing to her and that she is willing to testify. She apologized for not coming to me sooner...stating that she was concerned about losing her job, but that she couldn't look at herself in the mirror knowing that he did the same thing to me and would probably sexually harass another woman in the future. She also that that the investigator never approached her to ask her questions. So this tells me that the company did a half ass job of investigating given the fact that I told the investigator to go to specific people (witnesses). So not only can I nail his ass for his improper behavior...but now EEO really go after this company for doing such a ****ty investigation job.

Just because the EEOC says you can file a complaint doesn't mean you're going to get anywhere. Certainly the testimony of the other person will help...but I don't think that you should be counting your chickens just yet.

 

[fighting_back]

Just because the EEOC says you can file a complaint doesn't mean you're going to get anywhere. Certainly the testimony of the other person will help...but I don't think that you should be counting your chickens just yet.

Do I think that I'm going to win? Who knows...maybe I will or maybe I won't. However, like you stated, this 2nd person/victim has definitely strengthen my case. My point is that I'm not going to be a "good girl" by keeping my mouth shut given the fact that he has voilated me. I have proof and now I have 1 of his other victims come forward.

What is it with several of you "legal experts" on here? People come here for legal advice and all you do is insult/degrade them. Of course, given the fact that this is suppose to be FREE legal advice (the key word being free), the so called 'legal advice' isn't worth anything. It looks like several members on this message board suffer from the "old boys' network" mentality in reference to women in the workplace.

For those of you who actually want solid legal advice, go do a search on Google and find a lawyer to go to who will give you a free consultation. There are too many haters/racists/sexist people on this website just waiting to tell you to 'get over it' just so they can feel powerful.

 

[cbg]

The EEOC rarely if ever tells someone they CAN'T file a complaint. That's a long way from saying they'll find in your favor.