On Friday, July 30, 2004, I entered the Personnel Office to conduct business. The secretary of the department was there and I requested to see the Personnel Director. As I was walking through the door, I paused to allow her to pass. She stopped in the doorway and I pushed her on the shoulder while stating "can't you move out the way, don't you see people have important business to handle?" I did this in a joking manner in plain site of the Personnel Director. The individual did not protest the jester as it was evident that it was a joke. The Personnel Director informed me that could be construed as Harassment. The secretary was still standing there and I said "What..doing this could be construed as harassment" pushing her in the same manner I did previously. The Personnel Director whom I thought was joking stated they have a zero tolerance for that. I said "Oh, I thought that was only on Tuesday's and Thursday's. Couldn't we reclassify that as something other than harassment? It's not like I pumped fear in her heart or made her jump out of freight." We continued on with small talk, I handled my business, and left the office. I spoke with the secretary and everything seemed normal.

Today I get an official notification which I have until the 12th to respond to stating the employee has filed a harassment charge against me.

I don't deny the situation by my own admission on this page. However, does the severity of what occurred warrant an official Harassment Charge? I know what I did was in jest. It was not over powering, forceful, or on a place on her body that could be misconstrued as sexual. How would you respond to the allegations considering the severity of the charge?

Did I misinterpret the relationship between myself and this employee? Absolutely, considering the severity of the allegation against me. But does it amount to misconduct to this degree?

This occured in the state of Texas

On Friday, July 30, 2004, I entered the Personnel Office to conduct business. The secretary of the department was there and I requested to see the Personnel Director. As I was walking through the door, I paused to allow her to pass. She stopped in the doorway and I pushed her on the shoulder while stating "can't you move out the way, don't you see people have important business to handle?" I did this in a joking manner in plain site of the Personnel Director. The individual did not protest the jester as it was evident that it was a joke. The Personnel Director informed me that could be construed as Harassment. The secretary was still standing there and I said "What..doing this could be construed as harassment" pushing her in the same manner I did previously. The Personnel Director whom I thought was joking stated they have a zero tolerance for that. I said "Oh, I thought that was only on Tuesday's and Thursday's. Couldn't we reclassify that as something other than harassment? It's not like I pumped fear in her heart or made her jump out of freight." We continued on with small talk, I handled my business, and left the office. I spoke with the secretary and everything seemed normal.

Today I get an official notification which I have until the 12th to respond to stating the employee has filed a harassment charge against me.

I don't deny the situation by my own admission on this page. However, does the severity of what occurred warrant an official Harassment Charge? I know what I did was in jest. It was not over powering, forceful, or on a place on her body that could be misconstrued as sexual. How would you respond to the allegations considering the severity of the charge?

Did I misinterpret the relationship between myself and this employee? Absolutely, considering the severity of the allegation against me. But does it amount to misconduct to this degree?

This occured in the state of Texas

FYI: In legal terms, sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment. In real life, sexually harassing behavior ranges from repeated offensive or belittling jokes to a workplace full of offensive pornography to an outright sexual assault. It can happen to men and women, gay or straight*-- in other words, sexual harassment is an equal opportunity offense.

In your case, you do not appear to fall into the category of sexual harassment. You stated the complaint against you was a harassment charge. Did it specifically state SEXUAL harassment?

It would have been best had you NOT done it again in front of Personnel after they just told you it could be construed as harassment.

If you have time, consult an attorned, try to get a free consultation, call more than one lawyer and just let them know you need to know if the "horseplay" you did consitutes "harassment" and maybe they can clarify.

In the meantime, can you get a copy of your company's handbook.Usually this states policy on harassment.

Best wishes, and keep us posted.
Sue