Does harassment require 'intent'?

[emp123]

Does harassment require 'intent'?

My HR agrees that I have been the victim of inappropriate behavior for many years.

But HR claims without proof the behavior was directed at me there is no harassment

I have pointed out the guideline from the EEOC;

"The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct."

This would seem to contradict the 'intent to harass' requirement

I have also pointed out company training that contradicts the 'intent to harass' requirement

I followed all company rules to have harassment stopped and it did not stop.
I belive that intent can be inferred from behavior. I believe this is called 'implied malice'.

HR refuses to address my points.

Am I correct?

Thank you for your time.

 

[presutin]

Follow the link below and make sure you consult with an attorney to address this issue immediately and swiftly.

http://www.employeeissues.com/harassment.htm

 

[emp123]

Thank you for the prompt answer.

 

[emp123]

progress report

A progress report:

My company is a multi-national based in california.

I spoke with 2 family referred lawyers. Each agreed that I had been treated badly, but they said my case was outside there scope of their practice. On reflection of the discussions, I think my lack of understanding of the underlying issues may have caused me to answer their questions poorly.

To further my understanding I'd like to give some more details and then ask some questions. Hopefully I can then answer lawyer questions more accurately.

I hope this isn't too involved for this forum. Any and all answers will be helpful.

Background.

I complained to my manager of improper behavior from another manger and their team. The other team was invalidly assigning their work to me. This behavior interfered with my work and caused mental anguish. He said he would resolve the problem. He claimed to have received promises from the relevant manager(s) that the behavior would stop. I saw actions from my manager than made me believe he was following through on his promises. Sometimes behavior might stop for a brief period of time, but then resume. I would complain and receive fresh promise(s) and the cycle would repeat. This has gone on for several years.

I believe the behavior is race and or gender based and as such is illegal harassment. But, my company harassment policy is stronger than the illegal harassment laws. Company policy does not specify harassment must be "illegal harassment" in order to be considered harassment. Even if the behavior is not illegal harassment it is by company policy harassment.

My manager always agreed with me that the behavior was inappropriate. My manager never said anything that would lead me to believe he did not support my position.

Initially, I'm not sure I used the word harassment. I certainly complained bitterly and detailed the impact of the behavior. Eventually I complained specifically about gender based harassment. Company policy states that a manger should contact HR when they suspect or are informed of harassment. HR was never contacted.

Because my manager was unsuccessful in resolving harassment, I did my best to avoid harassment and harassers; this had impact on my performance.

Eventually my manager blamed me for the consequences of the harassment. Also, it seems my manager did not support me when interviewed by HR. If this is the case, he lied to me, HR or both.

I have long complained that faulty procedures allowed and even encouraged the harassment. No efforts were made to correct the procedures.

I finally complained to HR directly. I provided many pages of facts to support my case. HR agreed the behavior was inappropriate, but they told me I was not harassed because the behavior was not directed at me or was due to faulty procedures. I pointed out their criteria was illegal. I cited examples from EEOC website and company training. But HR would not answer my points.

I tried to have the HR decision reviewed above HR and was told the decision had already been reviewed by multiple levels of management.

My questions;

1. Is a company legally required to have procedures in place to identify, prevent, stop and correct harassment?
2. Is a company legally required to follow the procedures from item 1?
3. Is a company responsible to ensure their managers know how to handle harassment complaints? And is the company respoosible if the manager mishandles the complaints?
4. Is my manager's acknowledgment of and agreement to resolve the improper behavior an acknowledgment that harassment took place?
5. Is refusal to follow company harassment policies that are more stringent than the law illegal?
6. How does one prove that harassment is race/gender based? There has been no explicit discriminatory statements made.
7. Is it legal to blame to victim of harassment for efforts to avoid the harassment?
8. Is HR's rejection of a harassment claim for illegal reasons justification for a whistle blower lawsuit?
9. It seems my manager was not entirely truthful to HR. Does this support my harassment or whistle blower case?
10. It seems management supports HR's illegal rejection of my harassment claim. Further evidence for a whistle blower lawsuit?
11. Are faulty procedures a valid excuse for harassing behavior?
12. Does a refusal to correct faulty procedures amount to a hostile workplace?
13. Layoffs are coming to my company. My current (different) manager has spoken highly of my work. If I am laid off can I claim retaliation?
14. If I accept a layoff buyout and presumably sign something about lawsuits, can I still pursue a EEOC or whistle blower lawsuit? Other?

Thank you for your attention.