Employee keeps harrassing and Mgt. won't do anything

[auntthelma]

What is the name of your state? CA

I'm stuck between in a rock and a hard place. I've voiced 2 complaints about an employee who was harrassing me (hitting me on the head with a pen and spreading false/distructive gossip throughout the co.). Mgt. is aware of this (and other BS---she's been reprimanded multiple times), but they do little to nothing to resolve it. My first complaint resulted in promoting my boss (fellow co-worker) into the "boys club" (Mgt.) and moving him to another office...so the harrasser would have no reason to come into my office to bother me.
The second complaint went unmentioned to Mgt. I was told I was told by my boss that I was being too sensitive.
Now I feel stuck. In addition to being the "bad guy" who voiced a complaint and is now isolated in the office ("so no one bothers me). I'm this bitter, disgruntled employee who doesn't have $ to just quit and have to "put up with it" until I can find another job. The other employees won't make any more complaints b/c 1. it doesn't do any good. 2. it's "just another job" to them. I am so flustered---- this is my career and profession! I have just recently found out the harrasser is also stealing company gift cards and bribing her assisstants--the ones she harrasses! I have become so disgusted with the lack of action that Mgt. (and the co.) has NOT taken with both mine (and many others' complaints...all b/c the harrasser makes the co. LOTS of $ and they won't fire her b/c of that fact. What can I do legally...b/c Mgt.doesn't care. I was even informed by my boss (who took my complaint as far as he could...until he was promoted) that I "shouldn't bother sueing the co, b/c they have deep pockets and big lawyers...and you won't win". What do I do? I am looking for another job, but do I have to put up with the BS until then?

 

[cbg]

It depends on exactly what is being said. Not all of what the average person thinks of as harassment is illegal, and the employer is only required to take action regarding ILLEGAL harassment.

You need to provide more detail.

 

[auntthelma]

harassing employing

I was trying to be brief by leaving some of the details out...
She isn't harassing me anymore (aside from hitting me on the head with a pen and laughing), but I am having to deal with the repercussion of having voiced a complaint by her writing all over my work with patronizing remarks.
The other harassment isn't directed at me. It's at others, which I know I should "butt out" of. Those harassment examples; sexual details of her drunken flings, spanking people in the butt, calling me (and others) either "stupid" or "trailer trash" in front of others...etc. There is no doubt what she is doing (and cont. to do is illegal)...but I don't know how I'm supposed to "put up with it" until i can find another job.

 

[cbg]

The sexual descriptions and the spanking are illegal. The rest is not. It might be unpleasant but there is nothing illegal about calling someone stupid or trailer trash.

What you can do is go to HR and explain that you wish to file a formal complaint of third party sexual harassment - that's when you are not personally being harassed but are being forced to witness sexual behavior that is not welcome. Once you have done that the management is required by law to address it. Note that they are NOT required to fire her; they are NOT required to transfer either her or you; they are NOT required to tell you what they have done; they are NOT required to make whatever disciplinary measures they take public. ALL they are required to do is make the illegal behavior stop.

If they refuse to allow you to make a complaint or if after a reasonable time (it will not happen overnight - it takes time to to conduct an investigation and take action) nothing has changed, then you can file a complaint with the EEOC.

 

[auntthelma]

Thanks CBG. I really appreciate your posting! I didn't know the co. is NOT required to fire her regardless of how many complaints people have made against her for her repeated harassing! Would the co. be liable for her actions (b/c she continues to do them even after she has been reprimanded)?
Do you know if 'hitting someone with a pen on the head and laughing' would fall under "harassing" or "hostil work env." (since neither are sexual, race related, etc.)
Also...if I know that she is stealing from the company (bribing other employees with co. merchandise), would I get "in trouble" if I knew it was happening and didn't report it? (I don't want to get involved any more than I have to to save myself). And last but not least, any suggestions on how to deal with the repercussion(s) from the harasser who is jeopardizing my work flow and ruining my up-and-coming review? What a mess...I know.
Thanks again for your input!

 

[cbg]

There are NO circumstances in which an employer is required by law to fire someone. There are individual circumstances in which an employer may face liability if they do not fire someone and the behavior repeats itself, but there is no situation when the law says, when x happens, the employer must fire the offender.

The company can be held liable if she continues with the ILLEGAL behavior after it has been reported. They have no liability whatsoever for behavior that is not illegal. Repeat; only the spankings and the sexual behavior is illegal. The rest is not.

Hitting someone on the head with a pen and laughing is something that should not be happening and should not be allowed. However, it does not meet the legal definition of either illegal harassment or creating a hostile work environment. I suppose if you really wanted to take it to extremes, you could call the police and file a complaint of assault. I'm not kidding - that might get the person's attention!

You can't get into any legal trouble if you know she's stealing and don't report it. However, if the employer chooses to hold you responsible for not bringing the thefts to their attention, they may.

All you can do about the problems with your work flow is to bring it to the attention of your boss/higherups/HR. I said they were not required by law to address it; not that they wouldn't or that you couldn't report it. Document everything that happens.