The words, the gestures, the other behaviors that differentiate the fully consensual relationship from the coercive relationship will often be invisible to the supervisor's supervisors. Lawyers in the field say that, for the most part, judges recognize sexual harassment when they see it. And the cases this term do not so much turn on what is sexual harassment, but on when companies are responsible. Still, there is some confusion about the fundamentals of illegal harassment, demonstrated in some lower court opinions and by some recent comments on the alleged relationship between Monica S. Lewinsky and President Clinton. Nothing that has been asserted about the former White House intern would suggest that her case involves illegal harassment.
Sexual conduct becomes unlawful only when it is unwanted.
That means workers can successfully sue only when they did not solicit the attention and regarded it as offensive. But they also could portend a new round of such legal dilemmas at the court. Those hearings raised awareness about alleged misconduct between bosses and their workers. The cases now before the court are very important. I think it will be helpful to parties on both sides to have the issues clarified.