Liability and Relationships

Office Relationships-Supervisors and subordinates

 Employees do not have an obligation to put supervisors on notice that his/her actions are unwelcome.  It is a supervisor’s obligation to avoid any actions of a sexual nature that could be considered unwelcome by a reasonable employee.

§  Supervisors who get involved in what they believe to be a welcome or romantic sexual relationship with a subordinate can run into real problems.

§  If the employee at some point asserts the relationship was not welcome it can be very difficult to prove it was welcome.

§  Employees who do not have a sexual relationship with “the boss” may also claim that an employee with such a relationship is receiving better treatment.

Supervisors

§  If a supervisor sexually harasses a subordinate, both the supervisor and company are liable for damages.

§  Employers are strictly liable because they put the supervisor in a position of authority.

Coworkers

§  If one employee sexually harasses another employee, there may be no liability unless a supervisor learns about the harassment and fails to take prompt corrective action to stop it.

§  Knew about or should have know about