What makes this case so unusual is that the plaintiff also sued the corporation which, until she resigned, was her employer and which is still the employer of her former paramour. The woman's attorney suggests that, prior to her client's resignation, she was a participant in the corporation's fringe benefit programs, and, of course, she gave this up when she quit. The lawsuit was filed relatively recently, and, therefore, no decision has been made regarding its possible merits. Hopefully, the courts will not require employers to evaluate the romantic plans of their employees before accepting resignations. Nonetheless, the case does bring to mind the difficult minefield which employers must walk when trying to deal with sexual issues which occur in a workplace.
Sexual harassment occurs in one of two ways.
If both parties are willing participants in the relationship, and there is no unwelcome sexual conduct, no legal issue is created by such a relationship. Workplace fraternization can create both business and legal problems. The most serious legal problems can arise if and when the relationship ends. Any adverse employment action taken by a supervisor against a subordinate, shortly following the termination of the sexual relationship between those two employees, is likely to be viewed by the subordinate, and possibly by the courts as well, as quid pro quo sexual harassment. The conduct of an employee embittered by the termination of a sexual relationship toward his or her former partner may also be such as to give rise to an allegation of hostile environment sexual harassment by the other party to the aborted relationship.