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Hostile work enviroment or sexual harrassment Missouri

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  • Hostile work enviroment or sexual harrassment Missouri

    We have a captain where we work that has went out of his way over the last 4 years to try and get others on the job in trouble. He has managed to make everybody excluding a few to hate him. He has lied went outside the chain of command and even went to the upper management on issues that didn't pertain to him or his shift to get people in trouble. He has men and woman on his crew that he wont even speak to and for 24 hours straight will maybe say two words to. Nobody wants to work with him and you can feel the tension in the air when you walk in the door. That said, This gentleman has a addiction to pornography. He has been caught three times that we know of watching Porn on the fire districts computer.Warnings were given out that employees would be fired if caught. He has blamed others for doing it in attempts to get himself cleared and has been warned several times to cease this activity. The other day a employee walked in to find him the the office watching another hard core internet porn and told him he was tired of seeing it and walked out. Later at the table this officer was describing a sexual activity that he participated in and the same employee told him I dont want to hear about it and he continued to tell his story. So the employee filed a sexual harrassment and hostile work enviroment charge against him with the union. It was investigated and found that the porn had been pulled up the actions were verified but managment only give him a written warning and will not pull him from his captains postion or terminate him because they said the incidents was discussed with other employees and that there was a witch hunt going on in attempt to get this man fired. They continued on to say that the captain will still work on others shifts at will and the man that filed the claim will have to continue to work with him. This captain has already started going around writing down others actions or if he finds a magazine such as maxium where he found it and what day and throws it away. RETALIATION IN PROGRESS. Can sexual harrasment or Hostile work enviroment charges be throwed out if a employee goes to others and ask them if they feel threatend by this action? If this employee would not turn others in for this action but feels itimidated or uneasy because its coming from a person with managerial powers is that reason to be thrown out? Is there a set policy for actions that is mandated to be done in these cases other then departmental policies?

  • #2
    Personally, I'd have fired the captain.

    However, there is no law that specifies what action the employer is required to take, other than to make the offensive behavior stop. The law does not require that they fire him. If the employer chooses to give him a written warning, as long as the offensive behavior stops, that's all the law requires.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Thank you for your words. Its a scary situation


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