Investigation of harassment
geb
2 Posts
In the typical harassment situation, the identity of the wrongdoer is known. My situation is different. The wrongdoer is sending anonymous letters to the victim and her family. We have fingerprints and DNA. With respect to the fingerprints, I cannot find an applicable state law prohibiting the employer from obtaining sample fingerprints on the sly from the person it suspects as the wrongdoer. Anyone have this situation before? Any thoughts or comments? Thanks.
Comments
;-)
Balloonman
I would go to several people and say, "we are simply trying to eliminate potential suspects. I am sure you aren't involved but could you please cooperate with us?"
My guess is that the reactions you get will tell you alot. The guilty party is likely to resist or become very nervous.
Paul
The female emp'e received a very disturbing letter in the mail and the sender was anonymous. The letter was not overtly threatening, and contained job related info and sexually graphic language. Enough to say, it is a very disturbing letter. Next, certain of her family members, some out of state, received very similar letters in the mail, again disparaging the emp'e, and making job related references. Given that there were some name changes, tracking down the family members took some work. Being naturally concerned and a bit afraid, the woman complained to the employer, believing a co-employee was harassing her.
The employer, wanting to do the right thing, began an investigation. The letters have been fingerprinted and tested for DNA. DNA reveals the wrongdoer is a man, and we have prints as well (although there are a number of sources for the prints, primarily the recipients of the letters).
The employer wants to obtain prints and DNA from certain co-workers. The issues now seem to be whether the employer can compel, with threat of termination, the production of prints/DNA from other employees.
Case law suggests that refusing to participate in an internal investigation, before an EEOC complaint is filed, is not protected activity, hence the refusing employee can be terminated.
However, I have found nothing to suggest that an emp'e can be terminated for refusing to submit to a DNA swap or fingerprint .
The posters original question was whether any state or federal law prohibited fingerprinting employees on the sly. Atrimble's comment on polygraphing was interesting and helpful but I think the question still remains unanswered.
Whether its a good idea or not, can an employer take fingerprints/DNA swabs as part of an investigation?