Discriminatory Or Harassing Behavior Essay

794 words - 3 pages

Please treat this transmission as the University of Massachusetts Boston’s hereinafter Respondent, response to Stephanie S. Smiths, hereinafter Complainant rebuttal statement dated April 22, 2011 to Respondent’s position statement dated March 29, 2011.

The Respondent denies the allegations of discrimination by the Complainant and asserts that the Complainant chose to forego the University’s internal complaint process in favor of filing a union grievance relating to discrimination and prior to completing the process resigned from her position with the Respondent.

The complainant raises the following issues regarding her employment with the Respondent that she contends rise to the level of unlawful “sexual harassment” and retaliation.

Complainant’s allegations of inappropriate comments by her Supervisor Arthur Eisencraft and a department subordinate Christian DeTorres.

The Complainant contends that she was subjected to inappropriate comments from her Supervisor (Arthur Eisenkraft) and a subordinate to the Complainant (Christian De Torres) within the department that she was employed. She further contends that she discussed these issues with Kim Howard, Director of HR Services on March 29, 2010. She further contends that based on the discussion Ms. Howard advised her that she would speak with the Complainant’s supervisor and follow-up with the Complainant after the discussion.

Ms. Howard me with the Complainant’s supervisor and discussed the issues relating to the alleged inappropriate comments which included a discussion about the University’s policy against sexual harassment.

Ms. Howard followed up with the Complainant on May 4, 2010 requesting a meeting with the Complainant to further discuss her allegations so that Ms. Howard could conduct a formal investigation into the matter. The Complainant failed to respond to Ms. Howard’s communication which prompted Ms. Howard to advise Assistant Vice Chancellor for Human Resources and Acting Affirmative Action Officer Mark Preble that the Complainant had not responded to her request for a meeting.

As acknowledged by the Complainant Mark Preble also met with the Complainant’s supervisor to discuss ongoing issues relating to the complainant’s concerns over her supervisor’s management of the department that were unrelated to issues of sexual harassment. During that discussion Mr. Preble also discussed the complainant’s issues relating to the Complainant’s complaints of alleged sexual harassment including discussing the University Policy against Sexual Harassment.

Complainant’s allegations that her supervisor, Arthur Eisenkraft failed to remedy her allegations that a subordinate Christian De Torres made comments to the...

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