Don’t Anyone Touch Anyone!

Another update from the Jungle…..

ABC Corp always seems to catch the latest trends late, thinks Karen. She’s the HR manager for her company and she’s watched for years as the news headlines play out at the office. Now she’s seeing an uptick in sexual harassment claims.

This morning before Karen could finish her first Diet Coke, Vanessa stopped by to complain that Hank had touched her inappropriately. Inappropriately how, asks Karen. Vanessa says that last week Hank patted her on the butt and since then he’s been looking at her in a suggestive way.

Karen sighs inwardly. Before the company switched to electronic records, Karen devoted a large, four-drawer file cabinet to Vanessa and Hank. Vanessa is always complaining about something. Hank has a reputation for saying things that others would leave unsaid often being a little too “friendly” with his hands.

Karen fortifies herself with a second Diet Coke and begins calling in Vanessa’s co-workers to find witnesses. Dorothy says she didn’t see any inappropriate touching but admits that she dislikes Vanessa and Hank and avoids them as if they have the plague. Amanda says that she dances a highland jig to stay out of range of Hank but generally considers him harmless.

Sue shrugs and says that Hank has patted her on the rear many times. When a project is successful, Hank often pats people on the back or the butt. She dismisses it because she thinks he’s just acting like the jock he was. When Sue tires of it, she kicks Hank in the shins, as she did with her older brothers when they were obnoxious. Dan and Joanne confirm Sue’s interpretation of Hank’s hands-on approach to thanking co-workers for a job well done.

Karen sighs deeply and reaches for another Diet Coke before she calls in Vanessa. She tells Vanessa that she believes Hank used poor judgment but it is unlikely that a claim of sexual harassment can be proved. She encourages Vanessa to tell Hank immediately to not touch her if he again pats her on the rear.

What other options does Karen have?

  1. She can institute a new HR policy that says no employee may touch another employee during business hours.
  2. She can encourage Vanessa to join a nudist colony to overcome her sensitivity about the human body.
  3. She can advise Hank to be less “friendly” since not everyone finds his behavior innocuous.

Context is so important. What one person may find offensive another may not. It’s important to take sexual harassment complaints seriously but to not over-react.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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