Dear ReWorker: Handling Sexual Harassment in the Workplace?
DECEMBER 18, 2017
We recently had a sexual harassment complaint about an employee. Out of curiosity, I Googled this person and found several websites that list his name and include details about his inappropriate sexual activities and relationships.
Aside from the internal complaint of sexual harassment in the workplace, the internet posts bother me very much. The situation certainly does not make the company look good and it tells me a lot about the employee's moral and ethical standards. Can I fire him for the complaint as well as what I found out on the Internet?
Tempted to Terminate
Dear Tempted to Terminate,
You are making this more difficult than it needs to be. If his offense at work was serious enough for termination, you fire him, regardless of his internet persona. It doesn't matter what he does outside of work or what he posts online—he misbehaved at work and should be punished.
Now, this does become more complicated if his offense isn't necessarily fireable. Let's say someone complained that he made one dirty joke. That wouldn't (generally) be enough for a termination. If that's the case, here are a few other questions to consider.
Is His Online Behavior Just Icky, or Is It Illegal?
This is important because in some states or cities, you can't terminate someone for doing something controversial outside of work if it's legal. So, if you find his behavior objectionable but happen to live in one of these jurisdictions, you can't terminate him for that behavior.
If you live outside these areas, employees don't have the right to do icky things and brag about them on the internet, even if it's outside of the workplace. There's no free speech in the workplace, and as long as his questionable behavior didn't include him starting a union, you can terminate him for outside activities.
Are You Discriminating Based on Gender or Sexual Orientation?
If a woman were saying the same things online as the employee in question, would you be okay with it? If your answer is yes, then you're discriminating illegally. If he were a different sexual orientation, would you be okay with it? If so, then you need to be extra cautious. The courts have reached mixed verdicts on whether you can legally discriminate against someone based on sexual orientation, but the reality is, even if your bias falls within the law, you shouldn't act on it. You should be judging people based on their work.
Does the Behavior Reflect Badly on the Company?
Assuming that his behavior at work wasn't serious enough for a termination, and assuming that it's not illegal to terminate him, should you still do it? Generally, managers should stay out of their employees' online lives. You wouldn't invite yourself over to dinner at their house, so why should you invite yourself onto their Facebook pages?
With that said, you should take action if the employee's behavior reflects badly on the company. If there's nothing online linking him to your company, you should probably let it go. If it's easy to link him to your company, however, that's another story.
Regardless of your decision you need to do two things: consult with your employment attorney and enforce the same standard across the board, regardless of age, gender, position or tenure.
Suzanne Lucas, Evil HR Lady
Photo: Creative Commons
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