A recent Virginia case highlights the importance of addressing reported harassment in the workplace quickly and supervising your managers in the process. It also shows that even eventually firing the harasser won’t be enough to shield you from liability if you didn’t respond sufficiently at first.
In this case, employee Perry Funk claims that a male coworker subjected
him to sexually inappropriate conduct, including opening his fly and thrusting
his crotch in Funk’s face and grabbing and jerking Funk’s
underwear. The co-worker also falsely and repeatedly told fellow employees
that he and Funk had sex, according to Funk.
Funk reported these incidents to HR when his supervisor didn’t address
the situation. After an internal investigation confirmed that Funk had
not only complained to the supervisor, but that the supervisor had actually
witnessed the misconduct, both the co-worker and supervisor were fired.
Funk sued the employer in federal court, claiming a “hostile work
environment” — a situation in which harassment was so pervasive
it was unbearable to work there.
The employer tried to get the case thrown out, citing the strong action
it took once Funk took his complaints to HR. But the court sided with
Funk, finding that the supervisor’s inaction was enough for the
case to proceed. Now, Funk will get the chance to bring his case to trial,
which could be costly.