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The Stick
Join Date: Dec 2007
Location: Someplace Safe?
Posts: 17,328
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First, I've recently looked into the sexual harassment legalities. The victim is at a huge legal advantage.f I was accused of sexual harassment, got disciplined with a week home without pay and had to go to sensitivity training. I would have been fired but I threatened to sue. I was telling an HR person than handles our medical information about an issue where I received 3 skin grafts. And said I had to sign of form because the skin grafts were made from foreskin. She claimed I said they "Filled the holes in my foot with dead baby penises." Which neither me nor the psychiatrist they sent me to can figure was harassment. I was telling the HR person handling our medical information about a medical procedure and used the medical terminology and made no remarks about her being involved in any way.
I was very angry at HR because in the paperwork they went out of their way to lie not only about what I actually said but added other lies that had nothing to do with the incident to make me look bad. I went to the Chairman of the Board about the issue more to complain about the lies HR had added to the disciplinary report than the claim of harassment. He said I was only being disciplined because they were afraid of a lawsuit from the HR person. It LOOKED like I was disciplined but they never docked my pay, I was paid regular salary to go to "sensitivity training" and the training itself was paid for. So basically she got me an extra week of vacation and free time with a shrink to get advice on anything I wanted.
Now what HR is legally responsible to do according to state law here is give the guy a verbal warning. Then a written warning that goes in his employee records. Then sent home without pay for a week, also documented. Then fired. And the issue should never be mentioned or talked about in the workplace from or about either person with defamation of character and privacy as the reasons.
AND her word against his is NOT an issue. That is all it takes. And can't be fired for a sexual harassment law suit, specifically but they can always tried to come up with a reason. Even if she does not win a sexual harassment suit (which is very unlikely) it is illegal for her to be fired for it and can receive a huge monetary benefit. That is why I will never be alone with a woman in the workplace. The victim can claim anything that makes them uncomfortable as harassment.
What I would do having been on the accusal end of that kind of situation is...
Talk to HR and find out exactly and get in writing what the company policy is. Ask to see her complaints in writing as well. Explain to HR that legally anything he does or says that makes her uncomfortable is legally considered harassment since he has been asked to stop. If HR can't or won't produce at least a company policy that she can follow with complaints, then talk to a lawyer. She doesn't have to file a suit, but talk to one that handles harassment and find out what she can do that they will back her on if necessary.
Got organizationally to whomever is the HR persons supervisor and explain her position and that she does not want to have to file suit or leave the company because she considers the current situation to be a hostile workplace.
Instead of a phone or recording device carry mace and when he makes a comment threaten with it. If he makes and advance to touch or touches, use it instead of just pushing, he has been told to stop.
I don't think claiming a chaplain visiting a fellow employee in the hospital is in itself an act of harassment. Unless he says or does something inappropriate during the visit. When I was in the hospital the company chaplain, coworkers and supervisors all came to visit. That doesn't mean she can't ask the chaplain to please leave when he does show up. And can add religious harassment if he prays for her in her presence after being asked to leave, and told no she does not want him to pray for her.
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Richard aka "The Stick"
06 Cayenne S Titanium Edition
Last edited by RKDinOKC; 11-22-2017 at 08:17 AM..
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