Sexual Harassment When a Workplace Relationship Ends

For many of us, we will spend more time at work, and with our co-workers, than we do at home, or than we do socially. That means for those who are single, there is a high likelihood that you may meet that special someone at work, and start a consensual relationship with that co-worker. That co-worker may actually be a supervisor.

Many companies will require that you fill out a consensual relationship form, informing your employer that you and a co-worker are currently involved in a relationship. This is to avoid the problems that come for employers, when workplace relationships end.

When the Relationship Ends

Hopefully the relationship lasts forever, but many don’t. And that’s when the line between consensual relationship ends and sexual harassment can begin.

It is false to believe that just because you once engaged in a consensual relationship with a co worker or supervisor, that you can never be a victim of sexual harassment. You can.

Document Everything and Report It

If a former partner starts harassing you at work once your relationship has ended, it is even more important that you document unwanted comments, threats, or advances, with your employer. It is likely that your employer knows about your previous workplace relationship, but it may not know that the relationship has ended. That means anything unwanted that harasses you must be reported, once the relationship ends.

Types of Post Relationship Harassment

Certainly any threat to your job is harassment—and can be quid pro quo harassment, where there is a “give and take” which can happen when a relationship ends. Imagine a former boyfriend who is a supervisor telling his former girlfriend that if she doesn’t continue dating him, she won’t get a promotion or participate in training or won’t get a favorable job assignment.

In fact, it could be considered harassment anytime someone in authority dates someone else below his or her position. There is validity to the belief that these kinds of relationships can never be truly consensual, and can form the basis for a sexual harassment claim, even though from the outside the relationship looks consensual.

Non Sexual Advances

Even non-sexual advances, can form the basis for hostile workplace sexual harassment.

In the context of a now-ended consensual relationship, a co-worker who, say, discusses the pair’s intimate details with other co-workers, or who constantly is asking the former partner to restart the relationship, can make a work environment so untenable, and uncomfortable, that it can form the basis for hostile environment sexual harassment.

Be mindful of your own behavior; things you do could make another employee feel that he or she is in a hostile work environment. Imagine if you started dating, and became affectionate with a co-worker who used to date another co-worker in the office. Your public displays of affection could be creating a hostile work environment for that other employee.

We understand and can help you with workplace harassment Contact the San Jose employment attorneys at the Costanzo Law Firm

Sources:

shrm.org/topics-tools/news/hr-magazine/dangerous-liaisons-hr-mag

scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=1502&context=hlelj