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troubled worker
10-27-2004, 06:56 AM
if an employee asked a company to put a harassment suit on another employee then later did not want to pursue with the suit but the company said it would not drop it should the company drop it or what can be done to make the company drop it or at least compromise with their employees
if this had happened in the real world wouldnt the charges be dropped

troubled worker in south dakota

LConnell
10-27-2004, 07:49 AM
An employer cannot and should not drop an investigation of harassment once it becomes aware of the situation, even if the employees do not want to pursue it. It must investigate the matter and, if it finds that the case isn't harassment or that the behavior was welcomed, then it should give each employee a letter stating its findings, including the request to drop the matter and also cautioning both about its policy against harassment, sexual or otherwise. The letter should also give both employees a period of time, such as a week, to let the company know if they disagree with the contents of the letter. The employer should retain proof that the employees received the letter, either in the form of a certified mail receipt or a signature, or both.

If a company drops the matter and later, the alleged victim files a complaint, then the company could be found liable. So, the letter is proof that is very important to the company.

Let me know if you have any other questions.

tgkfw
03-03-2005, 01:31 PM
i work with a woman who is very sexual at work. She has a tatoo of a butterfly between her breast, and will proudly display it if she thinks any one wants to see it. she has groped me many times, rubbed her breast against me, calls me sexy, tells me in goodlooking, talks trashy to all the guys, flirts nonstop with other guys, makes out with guys in the warehouse, grinds her back side into guys front side all the time, makes sexaul comments and jokes all the time. everyone in the shop knows she this way including her supervisor. She flirts with him all the time too. Its a very sexual environment. Well, one day i was giving her a hug and she pulled away, trying to slide out of the hug and i pulled her top up to her midwaist. She is an overweight person and was offended, She filed harrassement against me and i was written up and sent home for a week. Now its on my record and HR didnt care what she was like in her work enviroment, all they cared about was that i harrassed her. Does this sound right?

LConnell
03-03-2005, 02:59 PM
Sexual harassment is inappropriate behavior towards men, as well as women. You could file a complaint of harassment against the woman. However, at this point, I'm sure that your credibility will be questionned. It could look like you are retaliating against her, and retaliation is illegal. Does that mean that you now have to put up with any harassment on her part? No, you should report it.

However, keep in mind that what you should have done is file a complaint against her when she first started harassing you. I hope this all works out for you. Let me know if you have any questions.

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