How do you fight Revenge when someone claims you've harassed them with HR?

Question

My co-worker claims I racially harassed him, by listening to a joke that another co-worker told "How do you tell a Portuguese from a Portagee?  The Portuguese explored the world on a boat.  The Portagee swam."  I said “Oh… Stupid?”. 

This co-worker was doing a really poor job in his new position.  He thinks his managers were out to get him fired.  Then he was assigned to me and I was the project leader.  I reviewed his work and made him make over 20 revisions to the 6 documents.  He was overdue in his work and on the day we were to have been completed I participated in the casual conversation above and he over heard it.  The co-worker was Portuguese.  The other guys tells these types of jokes periodically.  I was then called to HR where he sited me for slander and racial comments.  Can this stick?

Anonymous · Accepted Answer

This is an old problem - Can someone who knows of the harassment but doesn't act upon it, be liable and punished? 
And unfortunately there isn't a cheap and easy answer.  The person telling jokes (and the ones emailing out to the world) have no idea their actions are offensive, and don't care.  This is "who they are". 
I would first sit down with your direct supervisor and explain how you feel you've been caught up in something.  You aren't the only company employee who didn't correct the behavior, and you weren't telling the joke.  Then have the same conversation with HR.  Document everything.
Bottom line - rise to your position and be a trusted leader in the company.  Management isn't a popularity contest, stop trying to be one of the guys, and don't tolerate offensive behavior.  As you have now found out, it reflects badly on you.
Good luck...

alrivera_1 · Answer

This is a tricky case...not because of this particular incident but because speaks about your current suitability to lead an activity.  That said, as a supervisor you must strive for establishing a worker-friendly environment.  I am not in the political correct patrol put your first directive is to be certain that you do not condone any behavior that may be interpreted by any observer as detrimental to morale.  So, I am willing to bet that was not the first time this type of joke occurred during your watch and you let it go.  If the individual is a poor of a performer as you state, I am pretty sure there is ample ammunition to get him fired.  The issue for you is more profound...are you ready to perform at the supervisor, manager and leader levels?  From the example you provide, the answer is clearly no.

Do not despair...we all make mistakes.  Learn from this one, and move on.

onthesly27 · Answer

I don't see how you can be held responsible for someone else's comments. Just because someone talks to you, doesn't mean you participated. Anyhow, it's a stupid joke as well. I doubt this will be a problem if things went like you say they did, the person who told the joke may get warned or made to take a class or something. Good luck with that :)

Harley · Answer

I doubt it, unless you have a documented history of having problems with this type of stuff. But be cautious, because you now have something documented, I would go back to HR and make sure that it dosent get put in your record. Sounds like this guys job performance needs to be documented. Make a case against him before he can have more things documented against you. 
Its sad when we have to do stuff like this to protect our jobs because someone is waving red flags for no reason other than to divert attention away from their poor work.

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How do you fight Revenge when someone claims you've harassed them with HR?

4 Answers