Propositioned by Owner/CEO

[kwalla]

What is the name of your state? New York

I serve as the General Manager of a company in New York State. The company is Canadian owned. While attending meetings at our corporate office, my boss who is the owner/CEO sexually propositioned me while alone in his office. I handled the situation professionaly and told him that I was not interested. I told no-one about the incident. I was horrified.
I was just notified by a close friend (whom is the HR director), that the CEO approached them and requested to begin proceedings to dismiss me. As a GM, I am fully aware of
at-will employment and realize that having excellent performance reviews/bonuses is irrelevant. If he fires me, do I file a complaint with the EEOC first? Is that the first step I would take if I decide to persue this?

Thank you for your time and consideration.

 

[seniorjudge]

What is the name of your state? New York

I serve as the General Manager of a company in New York State. The company is Canadian owned. While attending meetings at our corporate office, my boss who is the owner/CEO sexually propositioned me while alone in his office. I handled the situation professionaly and told him that I was not interested. I told no-one about the incident. I was horrified.
I was just notified by a close friend (whom is the HR director), that the CEO approached them and requested to begin proceedings to dismiss me. As a GM, I am fully aware of
at-will employment and realize that having excellent performance reviews/bonuses is irrelevant. If he fires me, do I file a complaint with the EEOC first? Is that the first step I would take if I decide to persue this?

Thank you for your time and consideration.

Did this incident happen in the United States?

 

[kwalla]

Excellent question, I should have clarified that.

The incident occured in Canada at our corporate office. Ugh, now that you ask that question I have a feeling my options just got very limited.

 

[cbg]

The problem is that Canadian law is different from US law, and this is a US site.

If eerelations happens by, she may be able to tell you what your options are, but she's the only one here who knows Canadian law.

 

[kwalla]

I understand this is a US law site only. I thought because the company operated within NYS, that perhaps our laws would apply.

I appreciate your time. Thank you for the responses.

 

[cbg]

US law would apply to any incidents that happened in the US. Canadian law would apply to any incidents that happened in Canada.

 

[BelizeBreeze]

That and the fact that in reading your post it seems that you have lost the 'window' to file a claim even if allowed under canadian law. By not reporting it when it occurred and waiting until you stand to lose something, your 'claim' is likely to be viewed as retaliation.

 

[eerelations]

While the incident occurred in a Canadian-owned company at an office in Canada and perpetrated by a Canadian, it still may well be an American matter. (I have some experience with this, having directed the HR function for several Canadian-owned operations in the US.)

Even though your company is Canadian-owned, you work for its American operations, and those operations must be incorporated separately in the US for them to operate in the US. (This works conversely for American-owned businesses operating in Canada - they must be incorporated separately in Canada in order to operate in Canada. For example, Coca-Cola's Canadian operations - officially called "Coca-Cola Canada" - are legally separate from their American owners, even though they legally report to their American owners for direction.) So when you go to the EEOC with this (and I recommend you do, unless its too late, I'll leave that to others here to advise on), you will be making a claim against your American company (very much within the EEOC's jurisdiction), not some Canadian company or some individual guy in Canada (both outside the EEOC's jurisdiction).

Just because you happened to be on a business trip in Canada when it happened (it could've been Timbuktu for all the EEOC cares) does not mean that you are not protected by the EEOC. You were at work and working for your American company when it happened, I don't think the fact that you happened to be temporarily (and "temporarily" is a key word here, make sure you use it, frequently and with emphasis, when you talk to the EEOC) off American soil when it happened is an issue.

The place to go in Canada to make this sort of complaint would be a provincial or federal Human Rights Commission. However, this would be inappropriate in your case because you, as an American working for an American company, are not protected by Canadian employment and human rights laws. Again, I think it's really worth a shot to go the EEOC.

 

[BelizeBreeze]

and it would be nice to know how long ago this incident occurred.

 

[eerelations]

Yes, a lot depends on that.

 

[mitousmom]

I'm not sure contacting EEOC would be worthwhile at this point. Technically nothing actionable has occurred to you yet. You've been given advance notice of something that may occur in the future. Unless, the HR Director, or somebody else, has actually taken steps to fire you and the HR Director is willing to back you up, you really don't have anything on which you could file a charge.

The CEO's proposition is not illegal; however, any decision to alter your employment because you declined it would be quid pro quo sexual harassment. I suggest that you ask the HR Director her advice on how to proceed. Technically, the HR Director should be the one advising the CEO that what he is proposing will violate US federal law. It's possible that as a Canadian, he doesn't know that.

Is the CEO the one who normally would make the decision to fire you? Do you report to someone else? If so, you might want to inform that person of the incident with the CEO. You need to let someone else in authority at the company know about the incident before any action is taken against you. However, I wouldn't recommend sharing the information that the HR Director provided.

 

[BelizeBreeze]

I suggest that you ask the HR Director her advice on how to proceed.

Quite the sexist today huh????

 

[mitousmom]

No, just knowledgeable of the demographics. Most HR managers in the US are female. Check the Census or DOL CLF data.

 

[BelizeBreeze]

No, just knowledgeable of the demographics. Most HR managers in the US are female. Check the Census or DOL CLF data.

oh brother!