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Ask HN: How do I deal with the first sexual harassment complaint at my startup?

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Re: Ask HN: How do I deal with the first sexual harassment complaint at my startup?

#91

Post by trebor »

patio11 wrote: post #3

Lawyer lawyer lawyer LAWYER lawyer LAWYER . I think the consensus in the grown-up business world is "fire immediately for cause." I would bet substantial money that when you lawyer lawyer lawyer they will advise you to do that and document the heck out of it. The calculus is really, really simple: if you don't, then you will with probability approaching one get this incident or a similar incident cited during a threa…

The only thing I would add to patio11's advice is to go back to the employee and let her know what's about to happen. If you do it without any warning, then yes she might feel that it was a breach of trust. But, if you tell her before you fire the guy you can maintain trust.

Re: Ask HN: How do I deal with the first sexual harassment complaint at my startup?

#92

Post by dragonwriter »

whatok wrote: post #30

Any ideas why your employee brought it up to you (management) but does not want you (management) to do anything about it?

I would be very concerned that this is an indication that she has reason to expect that dealing with this problem will result in aneruption of other problems.on the team, which may stem from persistent, lower level harassment that is already occurring.

That may actually be a bigger hostile work environment problem than the more blatant incident.

Re: Ask HN: How do I deal with the first sexual harassment complaint at my startup?

#93

Post by jeanlucas »

forestjc wrote: post #60

is it really sexual harassment? He tried clumsily to make a move on her and she declined, if he tries again it's a red flag, but if he stop his behavior you have nothing to worry about

Yes, it is. Undoubtedly.

Re: Ask HN: How do I deal with the first sexual harassment complaint at my startup?

#94

Post by tmaly »

You really do not need something like this derailing your startup. Hire a lawyer, and follow their advice.

Large companies like Intel give each employee rigorous sexual harassment training, but this is not something startups can always afford to do.

Re: Ask HN: How do I deal with the first sexual harassment complaint at my startup?

#95

Post by SerLava »

Tell her that you understand she doesn't want him fired, but that you need to protect all your other employees. He just started. It's not about her- it's about people who won't report it.

People who join your company later will be scared of existing employees, and probably won't report it. You can't be party to this.

Re: Ask HN: How do I deal with the first sexual harassment complaint at my startup?

#96

Post by lucb1e »

762236 wrote: post #41

It sounds like you already made the decision: you call one your 'employee', but not the other.

Should you make business decisions based on your feelings? In fact, should you ever make decisions in response to feelings if they're not yours in the first place (since it's her thing)?

It's a nice catch, I hadn't picked up on it, but she wants it differently. Just because you don't like that doesn't make it right to act on it as employer.

I'm not saying OP should do anything, I'm also not saying they should do nothing, I don't know. I'm just observing that this reasoning might not be the best.

Re: Ask HN: How do I deal with the first sexual harassment complaint at my startup?

#97

Post by Jtsummers »

cybin wrote: post #81

I once worked at a company where my wife was the director of HR. Her boss the president of the company was being "serviced" my a girl in marketing. On day she didn't get a promotion. Then she sued for sexual harresment. The delema put my wife in the hospital. Ruined my marriage. Ruined the ceo's marriage. Ruined the company. Fire them both! Make it very public that you will not tolerate your time being wasted by idio…

The woman (in this Ask HN) did not do anything wrong. Firing her would not be appropriate.

> If two employes can't resolve their own issues without involving you then you don't need them.

No employee should be subject to harassment. And as a consequence of being harassed they should not be cast aside. Part of being a boss is dealing with these situations. Even if dealing with it means handing it off to a lawyer and HR to resolve for you because you don't have the time or expertise.

> If the innocent party was truly free of blame you can always hire them back.

I can't get my ex back. Firing someone burns bridges.

Re: Ask HN: How do I deal with the first sexual harassment complaint at my startup?

#98

Post by kawera »

alansmitheebk wrote: post #51

Is it sexual harassment B/C he asked her out or B/C he used the term "MILF" or B/C she wasn't interested? Did the whatsapp portion of the conversation occur at work or outside of work? Does your company have a policy that forbids coworkers to date? My former boss dated an employee who worked in a different department. People at work knew and it was not considered a problem. No one got fired or sued. I guess I'm tryin…

One thing is a relationship that builds up between two people; another is a new recruit asking out a coworker calling her a "milf". Huge difference.

Re: Ask HN: How do I deal with the first sexual harassment complaint at my startup?

#99

Post by wilsynet »

x5n1 wrote: post #24

I really don't understand the environment around sex and relationships in the work place. It's messed up. Someone should be able to express interest and the other person should be able to refuse it. Simple as that. But instead there is a whole drawn out ritual around these things. It's not really grown up thing that adults do, instead any male is looked at as an aggressive offender looking to rape someone, unless the…

Want to ask someone out for lunch or a movie or just hang out? No problem.

While you're away from work together, want to make a pass at someone? Sure.

Just don't do it at work, on company time. Going to work is not a license for your co-workers to proposition you.

Re: Ask HN: How do I deal with the first sexual harassment complaint at my startup?

#100

Post by icebraining »

onion2k wrote: post #86
icebraining wrote: post #47

Earlier quoted context omitted.

What do you mean?

While it's good to respect her wishes, the outcome of downplaying the problem could affect many more people. There's the cultural impact of leading people believing that sexual harassment isn't taken seriously, and the very real problem that leaving it alone could lead to it happening again which might result in a key employee leaving (or suing, or initiating criminal proceedings). At the very least there needs to be…

Yes, but darkerside wasn't recommending downplaying the problem, but "owning it". I don't see how peterep's post is a reply to that.
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