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Answer to Question of the Week #11

Each week, we post a thought-provoking question for your consideration.  Here’s last week’s question . . .

Can I terminate an employee for harassment of another employee if the conduct was off-duty, not related to a company event and off the company’s premises?

a.  No (25%)

b.  Yes (24%)

c.  Yes, if the harasser was a supervisor or the conduct spilled over into the workplace (49%)

d.  Yes, if the conduct involved physical touching (2%)   

The correct answer is “c.” 

I once took an online harassment training course that asked this very question.  I kept flunking because it had “a” as the correct answer. 

“A” is not the correct answer because (1) it’s wrong under the law and (2) sends a terrible message to employees (i.e., “Hey, man, next time we’re out with our co-workers – anything goes!”).

Generally, if either the harassing employee is a supervisor or the conduct spills over into the workplace, off-duty conduct may constitute sex harassment.  Physical touching is not required.

Our viewers are now batting a respectable .545 (6 right, 5 wrong) on our weekly questions.

The next one will be coming your way soon.  Thanks for your participation!

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