Harrassment

[eor4me]

I know this has probaby been discussed before but I need to ask. Here is the situation, is this really harrassment or just an employee being a pain in the a**?

There is an employee in the office that has issues with women. He is constantly telling people to "shut up", "your being too loud", "talk somewhere else". This is normally before 8am. The companies business hours are 8am to 5pm. He wears ear plugs/muffs when ever he is in the office and has complained so that no one that sits near him can listen to their radio while he is in the office.

This employee has taken to holding what ever is in his hands and holding it to his face to shield himself from any female he passes in the hall. At first this was laughable, now it has become degrading and disrespectful. He is polite and professional anytime a higher up is around, so they don't witness any of this.

The last straw was when one of our employees was having an epileptic seisure near his desk. The paramedics were working on her and this employee walked right between her and the paramedic, stepping right over the top of her like she was dirt on the rug.

I know of at least 4 complaints made to HR. 3 verbal and 1 in writing. Every person that has complained has gotten the same reponse, "he is a good worker and I don't see a problem." I am also aware of numerous employees that are afraid of him. They feel he is mentally unstable and could go postal on them. A few are afraid to come in to work early or on the weekends, even though they need to, for fear he might be here.

What is my recourse?

 

[cbg]

This is someone being a pain in the backside, but he is not violating any laws. Your recourse is limited to whatever internal procedures your company may have; you do not have any legal recourse based on what is in your post.

 

[Beth3]

I'm sure this is not a politically correct term but frankly, the guy is something of a weirdo who obviously has, um, "issues." I'm sure this anti-social behavior is not just limited to work. As cbg said, nothing illegal is taking place.

Predicting human behavior is near-impossible, even for the experts, but nothing you've related indicates the guy is dangerous, going to become violent, or even that he is mentally unstable. Since the company doesn't see his behavior as a problem, the best you can do is just ignore him. His behavior is about HIM, not about you and your co-workers.

 

[Duranie]

If he is unpleasant then be unpleasant right back. He is not doing anything illegal. He sounds like a jerk who is not too much fun to work with, but honestly ignoring him might be the best bet.

 

[Beth3]

Duranie, the poster being unpleasant right back is not a good plan (although it's a tempting one.) I second your suggestion that ignoring him is the best bet.

 

[calalily]

Disabled?

It is possible that the man is disabled such as Asperger Syndrome and/or Obsessive Compulsive. Your description sounds like Asperger Syndrome, a type of Autism. The syndrome is characterized by socially unacceptable behavior and people act like (as Beth3 calls) "something of a weirdo". HR of course cannot tell you or others if he is disabled or not and it may be why nothing is being done about his behavior. Do not under any circumstances discuss this reply (about Asperger Syndrome, etc) with other employees because you could be in big legal trouble for suggesting he is disabled. For your own piece of mind and maybe for some understanding, look it up on the internet and see what you think. My personal belief is that even when someone is being rude or disrespectful, (in the work place), I will maintain my professionalism and be polite and respectful to them, to the best of my ability.

 

[calalily]

Partial Asperger Syndrome explanantion

http://www.betterhealth.vic.gov.au/bhcv2/bhcarticles.nsf/pages/Asperger_syndrome_and_adults?open
Asperger syndrome and adults
Asperger syndrome is one of the autism spectrum disorders, and is classified as a developmental disorder that affects how the brain processes information. People with Asperger syndrome can show a wide range of behaviours and social skills, but common characteristics include difficulty in forming friendships, communication problems (such as an inability to listen or a tendency to take whatever is said to them literally), and an inability to understand social rules and body language.

There is no cure and no specific treatment. Asperger syndrome doesn't improve, although experience helps to build up coping skills. Social training, which teaches how to behave in different social situations, is generally more helpful than counselling. Cognitive Behaviour Therapy is being increasingly used to assist the person with Asperger Syndrome understand and manage their behavioural responses.

Typical adult symptoms
More males than females have Asperger syndrome. While every person who has the syndrome will experience different symptoms and severity of symptoms, some of the more common characteristics include:

Average or above average intelligence
Inability to think in abstract ways
Difficulties in empathising with others
Problems with understanding another person's point of view
Hampered conversational ability
Problems with controlling feelings such as anger, depression and anxiety
Adherence to routines and schedules, and stress if expected routine is disrupted
Inability to manage appropriate social conduct
Specialised fields of interest or hobbies.
The emotions of other people
A person with Asperger syndrome may have trouble understanding the emotions of other people, and the subtle messages that are sent by facial expression, eye contact and body language are often missed. Because of this, a person with Asperger syndrome might be seen as egotistical, selfish or uncaring. These are unfair labels, because the affected person is neurologically unable to understand other people's emotional states. They are usually shocked, upset and remorseful when told their actions were hurtful or inappropriate.

 

[mitousmom]

Notwithstanding the possibility that your co-workermay have a pyschological disorder, if he treats only females in the manner you describe and doesn't respond similarly to men, your employer might have a problem. The federal EEO statutes require a employer to have a workplace free of illegal harassment based on, among other things, gender. The question here is whether his behavior is just annoying or whether it's sufficiently severe and pervasive to interfere with your and other female employee's ability to work and thereby constitutes harassment.

If your co-worker's condition makes him disabled under the Americans with Disabilities Act (ADA), your employer probably is trying to ensure that they don't discriminate against him because of his disability or allow his co-workers to do so. The ADA was enacted in part to prevent employers from acting on mistaken beliefs about an employee's disability. Your belief that this employee is unstable and "may go postal" may be that kind of mistaken belief. It's one thing if he is truly harassing female employees; it's another if you are reacting of a fear of what he might do.