![]() ![]() To protect against potential liability, associations and management companies should consider workplace rules that either (i) require disclosure of a supervisor's workplace romances or (ii) prohibit dating or any kind of sexual contact between supervisors and subordinates, whether on duty or off. The Supreme Court agreed, explaining that:Īlthough an isolated instance of favoritism on the part of a supervisor toward a female employee with whom the supervisor is conducting a consensual sexual affair ordinarily would not constitute sexual harassment, when such sexual favoritism in a workplace is sufficiently widespread, it may create an actionable hostile work environment in which the demeaning message is conveyed to female employees that they are viewed by management as "sexual playthings," or that the way required for women to get ahead in the workplace is by engaging in sexual conduct with their supervisors or the management. The plaintiffs argued that, even though they were never propositioned by the supervisor, and although the supervisor's sexual relationships were consensual, the employer nevertheless should be held legally liable for creating a hostile work environment. Two employees who were passed over for promotions and job opportunities filed a lawsuit against their employer for sexual harassment. The supervisor granted employment benefits to the three women based upon sexual favors, while denying promotions and benefits to other (more qualified) employees. Department of Corrections, a supervisor engaged in simultaneous consensual sexual relationships with three female subordinate employees. Employees may sue their employers for sexual harassment if their employment is affected by an office romance between their supervisor and a fellow employee. Employers can be liable for sexual harassment even when the complaining employee was never propositioned, touched or subjected to sexual images or comments.
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