Employee situation?

Question

Your female employee tells you that one of the male employees made “a pass” at her and if he is not fired, she will sue for sexual harassment. Later that day you find out that they went on a date together last week, but he “dumped her”.

Answer 1

Are you asking a question? Like what should you do? If you feel like you want to do something about it, then tell your HR department.

Answer 2

I am not going to tell you what I would do or what I think you should do. I will tell you what the law requires you to do.

First, you need to have the female employee file a formal written complaint.

Next, you need to 'address' the complaint in the manner you deem it requires, from speaking with the male employee upto and including firing him. the decision is up to you.

Then you need to document what actions you have taken, even to the point of having the male employee write a statement as to the incident and any precursors which may have led up to the incident and any others who may know the facts.

If there are witnesses, get their statements.

Then once you have decided what to do, do it.

The female may file a complaint with the EEOC but without a "RIGHT TO SUE" letter the court will not allow the suit to continue and the only requirement the eeoc mandates is that the employer address the complaint. There is nothing in law or EEOC regulations that require you to fire an offending employee.

By collecting your papertrail you have covered all eeoc requirements.

Answer 3

I will have the female employee put that in writing with all the details. Prior to doing so, remind her that she is making a serious allegations that both sides will be questioned.

It is so obvious that she is using the company to get back at him, but you have no choice but to treat this seriously.

By making her write it down, it puts responsibility and liability back at her, should she be doing this as a retribution to him "dumping" her.

Answer 4

Go to HR and get them involved if you can. If you have a small office and you are the boss speak to both parties separately, get all the details and possibly contact a lawyer to see if your implicated at all with your final decision about the matter. You are in a really unfair position especially that they went on a date.