Internal Complaint

[kmckenn]

What is the name of your state? Federal Case (Title VII)

What protection is there for an employee complaining to their employer about sexual harassment, the employer firing the employee for the complaint, then citing that it was due to policy / rule violations?

When an "internal" complaint is made, don't we have the proverbial fox watching the henhouse here? The employer simply fires the employee, shreds all evidence, denies the employee ever complained....

The NAIVE employee "thinks" that they are protected by Federal Law, Non-retaliation... reality is, if no one outside the company and the severed employee know about the complaint.... So sorry complaining employee!!!

 

[HomeGuru]

What is the name of your state? Federal Case (Title VII)

What protection is there for an employee complaining to their employer about sexual harassment, the employer firing the employee for the complaint, then citing that it was due to policy / rule violations?

When an "internal" complaint is made, don't we have the proverbial fox watching the henhouse here? The employer simply fires the employee, shreds all evidence, denies the employee ever complained....

The NAIVE employee "thinks" that they are protected by Federal Law, Non-retaliation... reality is, if no one outside the company and the severed employee know about the complaint.... So sorry complaining employee!!!

**A: do you have a specifc actual circumstance?

 

[kmckenn]

Actually, I am a living breathing case in point...

Its a very long story, it would read like the script of a soap opera... that is why I tried to conceptualize the scenario. I have a very hard time trying to think of how to tell the story without it becoming a novel

I had worked very closely with the HR Manager for about a month trying to gracefully resolve the problem, when it finally escalated into hostility/pending violence, both the harasser, and myself were terminated. All records of the complaint have been requested, and the employer simply pleads complete ignorance. If the employer can completely bury the fact that a complaint was made, it darn sure makes it hard to prove they retaliated for the alleged complaint.

 

[cbg]

If you can support that you were fired BECAUSE you filed a complaint of SH, yes, that is illegal and you can file a complaint with the EEOC.

 

[mitousmom]

The anti-retaliation provision of Title VII prohibits an employer from taking adverse action against an individual who protested a practice made illegal under Title VII. An internal complaint to the employer about sexual harassment is considered a protest under the law. So, the internal complaint is covered. The employer shredding evidence and denying that a complaint was made are evidentiary or proof issues.

 

[kmckenn]

MOM: .... and when the employer is the one holding all the proof and evidence...

 

[mitousmom]

As I said that is a proof problem. The terminated employee can still file a charge alleging retaliation. Proof is not required to file a charge. It will be up to the administrative agency processing the charge, either EEOC or a state human rights commission, to determine whether there is evidence to show that a protest occurred and to determine its effect on the protester's employment.

You should be aware that protesting discrimination is not a shield that will prevent an employer from disciplining or terminating an employee for an infraction of a rule or policy. It only means that the employer can't discipline the employee for protesting. If the protester is fired for something for which the employer routinely fires all other violators, the fact that a protest preceded the discipline is probably irrelevant.

 

[mitousmom]

All records of the complaint have been requested, and the employer simply pleads complete ignorance.

The employer is not required to provide you with the records. An employer is required to provide relevant records requested by EEOC and EEOC can subpoena an employer who doesn't provide them.

Your situation seems to have evolved beyond sexual harassment. If it "escalated into hostility/pending violence," the employer's action to terminate both alleged harasser and victim may have been completely warranted based on subsequent behavior.

 

[kmckenn]

and for conversations sake.... lets say the "relevant records" were subpoenaed, andthe employer still pleads/claims ingorance and that an internal complaint process never existed. Since they are the ones holding ALL the proof and evidence, all they have to do is make sure it is never found. A sobpoena still requires the party to act in good faith to produce the relevant records. If the employer has already proven they are in complete disregard for the law by their original actions, why should they be any more compelled to behave any differently in the investigation?

 

[kmckenn]

Your situation seems to have evolved beyond sexual harassment. If it "escalated into hostility/pending violence," the employer's action to terminate both alleged harasser and victim may have been completely warranted based on subsequent behavior.

So, if you are harassed, object to it, the harasser then becomes hostile because of your rejection/objection, the employer is then warranted in terminating the harassed employee because their harasser's behavior escalated and became hostile/violent?

Good one.....

So, I harass you, you reject/object and then complain to the employer... I get PO'd at you cause you did reject/object and complain to the employer, this now warrants the employer to terminate you, because not only did I sexually harass you, but I also beCame hostile/potentially violent with you.

Sounds fair... now we know why your advice is "FREE"

 

[mitousmom]

I made my statement because I suspect the victim's reaction also may have violated a company rule or policy. While it's possible that the company fired the victim simply because s/he complained, based on my experience it's rather unlikely. Your recitation didn't precisely state that it was only the harasser who was hostile or showed indications of violence.

You are going to have provide more details about the harasser's behavior, the victim's behavior and the company's reaction, if you want a better opinion.

So, I harass you, you reject/object and then complain to the employer... I get PO'd at you cause you did reject/object and complain to the employer, this now warrants the employer to terminate you, because not only did I sexually harass you, but I also beCame hostile/potentially violent with you.

Yes, if the evidence supported that you sexually harassed an employee and then became hostile & potentially violent, the employer should fire you. In addition to risking a supportable charge of illegal discrimination, why would an employer expose itself to the liability that could result from a hostile employee becoming violent and injuring someone?

 

[kmckenn]

MOM: favor please... please don't revisit/post this thread

 

[mitousmom]

Are you hiding something? If you come to the forum seeking information to help you, you've got to lay out all the relevant facts.