Can a woman Sue her boss for sexual harassment?
Employees have asserted claims for sexual harassment based on the theory that they can’t receive the same benefits because they are not “sleeping with the boss.” However, most courts have rejected this argument because such a consensual relationship disadvantages both male and female employees equally.
How does sexual harassment work in the workplace?
But under sexual harassment law, the focus isn’t so much on typical consent as it is whether advances made by the supervisor were “welcome” by the employee. An important issue when it comes to welcomeness is the age of the employee.
Can a employer prove that a relationship was consensual?
Therefore, the participants in a truly “consensual” relationship cannot prove sexual harassment. The difficulty for the employer is proving that the relationship was consensual. Often, an employee will argue that he or she was an unwilling participant in a relationship that merely appeared to be consensual.
Can a supervisor and subordinate have a consensual relationship?
In a consensual relationship between a supervisor and a subordinate, the subordinate often is the recipient of preferential treatment. Employees have asserted claims for sexual harassment based on the theory that they can’t receive the same benefits because they are not “sleeping with the boss.”
What should be the relationship between a boss and an employee?
It’s important for the boss and employee to make some ground rules about their relationship, including the understanding that the boss needs to remain fair and just in her leadership and management, and can’t show preferential treatment to this employee.
Employees have asserted claims for sexual harassment based on the theory that they can’t receive the same benefits because they are not “sleeping with the boss.” However, most courts have rejected this argument because such a consensual relationship disadvantages both male and female employees equally.
Why is having an affair with the boss risky for the employer?
Having such a policy suggests that an employer doesn’t trust employees to make good decisions, which could hamper efforts to build a culture of trust. Obviously, in this situation, the individuals involved in the sexual relationship have a employee / boss reporting relationship. Why is this risky for the employer?
But under sexual harassment law, the focus isn’t so much on typical consent as it is whether advances made by the supervisor were “welcome” by the employee. An important issue when it comes to welcomeness is the age of the employee.