I work in a factory for cleaning and last night my supervisor came into the office area where I was all alone. He had made a reference to my boyfriend being a bit older than Iam and asked me If I cared to try a 40 something year old.

He then sat down ans asked to see a "sample", implying that i flash of some sort. Then he said he was only going to be on that shift for another month and said we could have fun for the month. He said his wife does not give him any sex and I could probably get him "up in seconds".

Then he fiddle with his pants button and unzipped. By this time I was freaking out and he said OK I WILL LET YOU THINK ABOUT IT.

Then he acted like he walked away and came back and said ARE YOU SURE

..... I was so freaked out about this I could not sleep last night. Is this SH???

There is certainly a strong argument to be made.

Does your employer have an HR department? If so, have you made this matter known to it?

Well this happend last night (Friday night) so my HR was already gone for the day/weekend. I was suppose to work today however I went in early and talked to the 1st shift supervisor and reported it to him and asked for permission to have th day off. He said it was ok and that he was going to email HR and let her know that a "matter" occured. He said for privacy reasons he would not get into specifics with her and that I should make it a point to come in Monday morning and discuss it with her.
Last night when it happend as I was leaving I told the companies qc inspector what happend. The supervisor (the one who did the acts) and myself are the only ones who have acces to the office area. So while she did not "SEE" anything she did notice he was gone for awhile. Normally supervisors only go into the office area at night for printer paper or so forth. So she told me she did notice he was in the office area for an unusual amount of time that had her a bit curious. She also noticed that anytime after the incident I talked to someone he was right there. (i only got the chance to talk to her quick when he received a phone call). When I punched out he made it a point to walk me out. Its almost like he knows he did wrong and is trying his part to keep me mum. So I guess on Monday I will go in early to talk with HR. However this situation to me went far beyond the "shady comments" as he unzipped his pants and asked me to do likewise. So Im not sure what would be a satisfactory disciplinary action he could receive.

If the investigation proves out, the only thing the employer has to do legally is to make the harrassment stop. Although the activity and words you describe would definitely be enough for me to fire the individual, especially since he was a supervisor. However, the law does not require it nor do you have to be informed what disciplinary action is taken.

This wouldnt be the first time an incident of this nature happend to me there. When I first started working there and would have to clean the lockerrooms a machine operator would try walking in on me all the time. So HR gave me a sign that said CLOSED. I put it up and he would walk around it. So then the qc lady stood outside the bathroom and he even tried to walk around her. He would follow me out into the parking lot. This went on for a month - and they did nothing about it - he quit.

Im starting to think this company has no place for females because the higher ups do nothing to protect them.

Did you report the first incident?

Yes I reported it when it first started, when that individual kept trying to get into the bathroom/locker room. My HR simply told him while I was in there he couldnt go in there and that she made a memo for all employees so see. He actually tried that night again so I told her the next day. I would tell the night foremen and theyd say "oh i will talk to him" and nothing.

He quit on his own. They were supposedly going to fire him the same day he quit but I dunno. I have worked there less than a year and this is the second incident. This one freaked me out a bit more as he unzipped and just freaking me out.

This incident has been documented and I will be going into work early tomorrow to discuss it in detail with my HR lady. Im hoping he gets a stiff punishment. How ironic that just this past week the HR posted a memo on the bulletin about harassment and nasty notes being left for people. It said things like this would not be tolerated and then this happens to me - AGAIN!!

I can just hope he gets more than a warning I guess.

If the investigation proves out, the only thing the employer has to do legally is to make the harrassment stop. Although the activity and words you describe would definitely be enough for me to fire the individual, especially since he was a supervisor. However, the law does not require it nor do you have to be informed what disciplinary action is taken.
I know that that is all the employer has to do,but can she take any further action against this man,outside of work? I don't mean to overreact,but this seems to me a serious act of SH,not just a comment,but an actual move (unzipping his pants,while telling her he wants to have sex with her for the next month),and an affair at that. Could she press any type of charges against this man,that I am not aware of (with the police)?

Thanks - I forgot to ask that as well because Iam curios to that as well. Outside of work what legal action against him can I take? (if any)

He went way beyond a comment or something like that - which is why Im hoping he gets more than a slap on the wrist.

Thanks - I forgot to ask that as well because Iam curios to that as well. Outside of work what legal action against him can I take? (if any)

He went way beyond a comment or something like that - which is why Im hoping he gets more than a slap on the wrist.
I am asking that because I feel angry about what he did,not because I even think that there is anything more that you can do,so please,don't be dissapointed if there is nothing else. Sorry you had to go through this.

That is why I was asking as well. He was the first person to sing the tune that if he was on my shift when the first incident happend he wouldve took care of it swiftly and harsh. Then he turned around and did that. He almost did it with a cocky attitude that he almost knew he was going to get away with it. I can only hope that tomorrow works out in my favor.

In some cases you can file criminal charges against th eoffender but he would have to break an existin law for that to happen. If he had assaulted you or something like that, you could file a report with the police for assault. Just being a jerk and propsitioning you isn't illegal among the general population though.

I would give you employer a chance to deal with it. If they were going to term the last guy who acted inappropriately, it stands to reason that they won't automatically dismiss this case either. The employer can not prevent employees from being jerks but they can respond to accusations. Be aware that it may take a bit of time to investigate though. I wouldn't expect him to be gone by lunchtime Monday.

Your supervisor already let you take Saturday off because of this so it appears that the allegations are being taken seriously.

UPDATE:

My HR called me at home today and asked me to detail the event. I did!! She then asked me to stay home today. I will not be getting paid for it. She told me she would talk to me department supervisor sbout possibly making up the hours. How come I have to stay home and if I want the money I have to work extra now???

She said she will talk to him today when he comes in. YAY!! He gets to work his regular shift.

Im very unhappy!! I think he shouldve been phoned at home or asked not to come in or something.

While generally it isn't adviseable to have the complainer inconvenienced, at times it can not be helped. Not knowing the business, the shifts, or what they may have had as Plan A and B, it is hard to comment. It doesn't appear you are being asked to work extra, only be rescheduled, likely for a time when he won't be around. No law requires that they pay you to be off. I'd ask them to reinstate your pay for the day if your claims are found to be valid. It is a legitimate request.

Have you asked about tommorrow? Perhaps after talking to you it was too late to notify him not to come in or make other supervisory arrangements. I would find out if they intend to keep you off work without pay throughout the investigation (in which case it does look like retaliation) of if it was just a short fix for today. They may also have needed him to come in so that they could question him in person. It is easier to tell if someone is lying when you can see their body language and how they react.

While generally it isn't adviseable to have the complainer inconvenienced, at times it can not be helped. Not knowing the business, the shifts, or what they may have had as Plan A and B, it is hard to comment. It doesn't appear you are being asked to work extra, only be rescheduled, likely for a time when he won't be around. No law requires that they pay you to be off. I'd ask them to reinstate your pay for the day if your claims are found to be valid. It is a legitimate request.

Have you asked about tommorrow? Perhaps after talking to you it was too late to notify him not to come in or make other supervisory arrangements. I would find out if they intend to keep you off work without pay throughout the investigation (in which case it does look like retaliation) of if it was just a short fix for today. They may also have needed him to come in so that they could question him in person. It is easier to tell if someone is lying when you can see their body language and how they react.
They probably needed him to come in,and you stay home,so you wouldn't have to worry about seeing him right after the accusations were put on the table for him to answer to. They probably knew he would be upset,and even if he was suspended for a spell,he would still have to walk through the workplace to go home,and they just didn't want him to bump into you while he left. This is just a guess. Most interviews on write-ups,are done in a room in H.R,so I imagine they needed him in H.R that day. I also agree completely with ElleMD,on asking for reinbursment for the day missed,if they do take action against him. Please let us know how it went! Hope all is ok!

UPDATE

I was denied pay for the day they told me to stay at home. Later that day my HR called me and said "We completed our investigation and as a result are switching your hours"
I was devastated. I went in the following day and asked why I was being pushed off my shift and was told he denied allegations. For whatever reason I was also informed on how he has been an employee for over 20 years and has never been accused of anything like that. I told her that the shift i was on was the only one that worked for me. She said she cannot remove him from the shift and that i could no longer be on it
So she told me she would call me later. She called me later and told me I had to report to work somewhere between Midnight and 5am for my shift. (this is usually when Im asleep). I felt very dirty by how they have treated me so I began the process of filing a claim through the EEOC on counts of retalliation.
I also sent them my resignation from the company with the reason being that i felt i was forced out due to a hostile work enviroment. This helps me in the long run because I expressed feeling forced out yet I know they will not respond to it. So if they want me to not feel that way (being that they gave me nop options) they will try and make it right (as legal advice told me) however I know they wont. They feel Im just gonna go look for another job.
Over all I have never felt so violated in my entire life and hope nobody else ever has to feel this way.

UPDATE

I was denied pay for the day they told me to stay at home. Later that day my HR called me and said "We completed our investigation and as a result are switching your hours"
I was devastated. I went in the following day and asked why I was being pushed off my shift and was told he denied allegations. For whatever reason I was also informed on how he has been an employee for over 20 years and has never been accused of anything like that. I told her that the shift i was on was the only one that worked for me. She said she cannot remove him from the shift and that i could no longer be on it
So she told me she would call me later. She called me later and told me I had to report to work somewhere between Midnight and 5am for my shift. (this is usually when Im asleep). I felt very dirty by how they have treated me so I began the process of filing a claim through the EEOC on counts of retalliation.
I also sent them my resignation from the company with the reason being that i felt i was forced out due to a hostile work enviroment. This helps me in the long run because I expressed feeling forced out yet I know they will not respond to it. So if they want me to not feel that way (being that they gave me nop options) they will try and make it right (as legal advice told me) however I know they wont. They feel Im just gonna go look for another job.
Over all I have never felt so violated in my entire life and hope nobody else ever has to feel this way.
I am sorry this happened,but I must say that putting in your resignation may have been to hasty. I feel you should have filed the claim,and then see what happened,then put in the resignation,but that is not of any help now. I hope EEOC can help you. Another senior member will be able to tell you what EEOC would or could do in a situation like this,but I don't know,I have not had to do this before. Good luck to you,and once again,I am so so sorry! I wish there would have been another department to transfer you to instead of changing your hours. I myself can not handle night time shift. Good luck in finding another job,and with your claim against them! Sorry H.R didn't have any other recourse. Don't give up though,he could have worked there 30 years and it doesn't make what happened right. :(

When it is he said/she said it becomes very difficult to know who is lying and who isn't. As this guy has worked there for 20 years and never had anything like this happen (or at least reported), it does put HR in a bit of a bind if no one else witnessed it and he denies it.

No one here can presume to guess what the EEOC will decide but certainly filing a claim and seeking another job are options for you. Whether transferring you to another shift was reasonable is a tough call to make. On the one hand if they have reason to believe you made up the allegation, it may be appropriate to do so, your employer could still not retaliate against because you filed a claim. The could for filing what they believe to be a false claim, but not for just filing one in general. Not being privy to what the investigation revealed or what your employer really thinks is the case, all we can do is speculate. If you have not yet sought the advice of a lawyer, now would be the time.

Well all I know right now is what the EEOC told me as I have been in continuos contact with 2 of my local investigators. They told me regardless of who my EMPLOYER believed it is against the law to make employment adjustments of any kind to the person making the claim. I had originally felt and awaited the disappointment of him denying it and having to deal with him another month while he was on my shift. However when discussing what action my job was taking the EEOC are the ones who said TIMEOUT they cannot do that. For whatever reason they cannot remove him from the shift is not important they cannot remove me. I was told they did not believe EITHER ONE OF US. (basically they did not know who to believe)
I asked the EEOC if these punishments were because they though I was lying and they said just as i dont have any "proof" it happend - they do not have any that it did not as well. Bottom line is they took action against me for making a complaint. I left and in my resignation letter I wrote it as legal advice told me to. Clearly stating I felt "pushed out the door" with no options. Per legal advice if they feel that it was not the case they would have tried to offer me my old shift. By not saying anything at all its almost as if they are admitting I was pushed out. I will keep u all updated and thanks for all the advice!!

If your employer admits they do not know who to believe and the investigation was inconclusive, then that changes things a bit. In that case, yes, it does look like retaliation. Your employer's only obligation though is to make sure that the harassment stops. Not ensure that you never see one another again or never work together. Automatically transferring you was overkill and as it was clearly a less desireable transfer, at best a stupid move on their part.

As this is in the hands of the EEOC, you will just have to sit tight and see what they say.