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Old January 12th, 2007, 01:04 PM   #1
Louis
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Is this a legitimate harassment claim?


I have an acquaintance who had a harassment charge filed against him/her at work. (not me BTW)

The incident is stemming from a trip to a conference where during off hours the employees went to a bar featuring karaoke. The person who had the charges filed against him/her sang "It's Now or Never".

A month after the incident took place, the "victim" filed a harassment charge with HR saying that he/she felt uncomfortable and harassed because that person sang that song at a bar.
------------

*They weren't at work and the "victim" did not have to be at a bar where karaoke was being performed.

*But they were on a trip funded by and for work.

Don't know what to think. Quite frankly I've never heard the song or even know who sings but it must have suggestive lyrics for this to have transpired.

Thoughts...
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Old January 12th, 2007, 01:13 PM   #2
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Unfortunately it is... I've been involved in 1 or 2 of these situations, not directly from actions I have done, but as a witness to events.
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Old January 12th, 2007, 01:13 PM   #3
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Because it was funded by the work, it could fall into the "harassment" ring.

I do not think that this is harassment though.
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Old January 12th, 2007, 01:15 PM   #4
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The case will never fly based upon what you mentioned because the "person" can claim ignorance, however I'm sure there is more to the story

here are the lyrics BTW

http://www.stlyrics.com/lyrics/in-la...nowornever.htm
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Old January 12th, 2007, 01:16 PM   #5
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The case will never fly based upon what you mentioned, however I'm sure there is more to the story
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Old January 12th, 2007, 01:22 PM   #6
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A freaking Elvis song and this person is filing a claim.

Though the "offender" believes it may be retaliation for speaking out against her ideas in a meeting shortly after the conference.

Crazy stuff.

The "offender" believes that their employment may be terminated next week or that the option will be put on the table allowing a resignation rather than termination.

But I do know that the "offender" isn't very well liked by a handful of his/her colleagues and is viewed as an arrogant know-it-all.

So that situation could get very out of hand before all is said and done.

Last edited by Louis; January 12th, 2007 at 01:27 PM.
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Old January 12th, 2007, 01:28 PM   #7
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women suck sometimes. They know they have all the power, and aren't afraid to use it. (Not all women...just some women, and yes, the reverse can be said about men. But I'm not of that gender, so I call out my side when appropriate).
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Old January 12th, 2007, 01:37 PM   #8
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I agree...women are evil. Man it pisses me off when they do that garbage....or, really anything to be honest with you. Women = stay away.
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Old January 12th, 2007, 01:41 PM   #9
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A freaking Elvis song and this person is filing a claim.

Though the "offender" believes it may be retaliation for speaking out against her ideas in a meeting shortly after the conference.

Crazy stuff.

The "offender" believes that their employment may be terminated next week or that the option will be put on the table allowing a resignation rather than termination.

But I do know that the "offender" isn't very well liked by a handful of his/her colleagues and is viewed as an arrogant know-it-all.

So that situation could get very out of hand before all is said and done.
He could do the old, "I refused her sexual advances and this is her retaliation" defense

That one works most of the time, but I would only bust that out if he has his position in jeopardy
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Old January 12th, 2007, 01:42 PM   #10
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Women are evil, man. Truth.
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Yep. Women = Evil. I think I may start batting for the other team! Life would be so much easier
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I agree...women are evil. Man it pisses me off when they do that garbage....or, really anything to be honest with you. Women = stay away.
Yes, we know how you feel.
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Old January 12th, 2007, 01:55 PM   #11
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Wow, did you have those bookmarked?
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Old January 12th, 2007, 01:57 PM   #12
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it definitely counts as work related based on what you wrote. They wouldn't have been there if not for work, she can easily claim it was implied that she had to go, or she felt she had to go.

Did she confront your friend first or just go and file the claim? That's where I draw the line on something that's not blatant. If it's blatant harassment file the complaint, if it's iffy like that, the victim should confront the person, they may have no idea they offended the person.
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Old January 12th, 2007, 01:57 PM   #13
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Nope. I'm just that good.
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Old January 12th, 2007, 04:39 PM   #14
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Did she confront your friend first or just go and file the claim? That's where I draw the line on something that's not blatant. If it's blatant harassment file the complaint, if it's iffy like that, the victim should confront the person, they may have no idea they offended the person.
No confrontation occurred. And the official complaint took a little over a month to be filed with HR. After some disagreements in a meeting.

Maybe she's pissed? I don't know. Maybe she was genuinely offended and internalized the issue until finally coming forward 30 some odd days later.
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Old January 12th, 2007, 05:01 PM   #15
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No confrontation occurred. And the official complaint took a little over a month to be filed with HR. After some disagreements in a meeting.

Maybe she's pissed? I don't know. Maybe she was genuinely offended and internalized the issue until finally coming forward 30 some odd days later.
yeah sounds more personal to me. I have a friend who's filed harassment charges twice. In both cases she confronted the person first. The 2nd time it was a similar thing, a work deal(golf game with a client) where the boss made a comment about not being sure if they had a company shirt big enough for her chest. She didn't say anything in front of the customer but confronted him at work the following work day.

instead of saying I'm sorry, he said it was golf, not work, that customer and I joke like that all the time. If you can't take it, tough. So she went to HR and complained. When it appeared to her they were dragging their feet, she found another job. On her exit interview they asked her to sign off on a release officially ending the harassment complaint, and she refused. She found out they later fired the guy because the customer confirmed he'd said what he said, and he'd denied it when asked by management.

She never asked for money or even for him to be fired, she just refused to sign off and end it because she left the company due to their slow reaction to her complaint.

To me that's the right way to handle something, confront the person and tell them you didn't like something, if they make it clear they don't care, then go
to HR.

Sounds like she took some work disagreements personally and used that as an excuse. If I were your friend I'd be looking for a lawyer.
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