Two questions:

(1) What can I do, if anything, re a proposed policy revision? I am the executive secretary to the CEO of a small-town bank. Therefore, I am aware that our HR policy has been revised and will be reviewed by the directors next week. The principal revision to our outdated (1997) policy is the addition of the line, "Action may also be taken agains the accuser in the event of false or frivolous claims." I realize that is both accurate and legal, but it certainly seems to contravene the intent of the law, which is to NOT intimidate employees and prevent them from filing claims, particularly since the determination of "false and frivolous" would be made by the new CEO/ administration ... about whom I have the following concern:

(2) IS it harassment, or simply distasteful and inappropriate, for employees to be subjected to the following unsolicited comments by our (58 y.o. male) CEO? -- (a) "What is that tattoo on your (lower, below the belt, visible only when the 25-y.o. teller bent over behind the counter) back? I have a friend who has tattoos there, too ..." (b) "Where is there a tanning salon here? (I don't have any tan lines; I tan in the buff." (c) "I bench-pressed 205 pounds last night at the health club. I think some of those younger guys are sort of surprised -- and I think they're even more surprised when I bring Marie Jose (his 25 y.o. gf) along." This is the same guy who comes in late for his appointments and dishelveled when Marie Jose is in town ...

Thank you.

1) I don't believe you can do anything legally. It is hoped that the directors will recognize the danger. Do you believe that the person who wrote the policy or another senior executive can hold a confidence? If so, perhaps you can talk with him/her, letting him/her know of your concern. Take information, such as articles off of the Internet, that will support your concerns. Perhaps the policy writer or the senior executive will be able to talk to the CEO.

If you don't feel comfortable with talking with the internal staff, I suppose you can send an anonymous note to one or two of the directors who may be receptive. Or, if you believe that you will be identified by doing so, perhaps you can anonymously send the articles about the dangers of scaring off potential complaints. A source of information that may be of use to you can be found at the following link: http://www.dol.gov/esa/ofccp/ or www.eeoc.gov (http://www.eeoc.gov).

2) Is it discrimination? It would be hard to say unless I knew the race, religion, etc., of all of the employees involved. Also, if he is not singling out a certain type or types of persons, it may not be discrimination. For example, there was a court case where it was found that the alleged discriminator was propositioning both men and women in the company. It was found not to be discriminatory because he was not discriminating against a certain gender. On the other hand, his comments are distasteful and even more important to the board, it is bad for business. A bank is subject to Affirmative Action regulations...regulations which clearly set an expectation that the executive team will take affirmative/positive steps in eliminating discrimination and harassment. His comments are contrary to the spirit of those regulations. Also, he may not realize that many of his customers are women or men who are opposed to such distasteful comments.

So what can you do? It depends on how aggressively you wish to pursue this matter. You can always contact the OFCCP (the federal agency in charge of enforcing the Affirmative Action Plan). Ask them to keep it confidential. They may wish to investigate the matter. This is going to be costly to the company (because of legal fees), however, and it will be a huge negative distraction.
Or, you can take the approaches that I described in answer to your first question. Of course, it is always best that you approach him directly, if you have a relationship that can withstand any hurt or defensive feelings that your boss may have.

Let me know if you have any other questions.

Thank you. Unfortunately, the policy writer is our power-hungry female VP of HR, who is anxious to please our "new" (one year) male CEO at all costs. I've taken my questions confidentially to two board members, knowing full well the CEO and VP HR will label me disloyal and a troublemaker if they ever learn of it.

I meant to mention an experience I had not long ago which evoked the full extent of my personal distaste and disrespect for an otherwise bright enough man. My boss, the same CEO, asked me to retrieve his voicemail messages for him. I explained I could not, since I did not know his password/number. "Sixty-nine, sixty-nine," he replied. How does one respond? I just didn't.

Once again, it's probably subtle enough to keep him out of trouble since he's foolish enough to speak this way to women of a variety of ages. It's simply unpleasant to work for him and embarrassing to be associated with the bank. Everyone on Main Street knows he imports a 25 year old girlfriend who works as an exotic dancer in Montreal. Board members are understandably reluctant to raise questions about his personal life because they are just that: personal.

However, we live in a small-town fishbowl, so I am often asked "How can you work there?" All I can say is, "I support myself and need the job and benefits." But I feel increasingly like a prostitute.

He sounds like he is out-of-control. His behavior toward you could be seen as sexual harassment, if there is a pattern of making provocative comments. You may wish to consider looking into filing a complaint. Information on discrimination may be found at eeoc.gov.

Good luck and let me know if you have any other questions.