Can consensual relationships create a hostile work environment?
I was in a consensual relationship with my supervisor. She initiated the relationship and broke it off. Then she started to harass me with threats, undesireable job assignments, unwarranted written reprimands, and disclosure of personal medical info to other employees. I was subsequently discharged for a bogus reason. I wrote a letter to the main office complaining of harassment and the abusive hostile environment and they took no remedial steps whatsoever. I was discharged 12 days after the letter.
1 answer | asked Oct 13, 2010 12:08 PM [EST] | applies to Arizona
Answers (1)
First, a consensual relationship cannot be the basis of a claim of hostile environment sexual harassment because it is not unwelcome. Once the relationship ends, however, things change.
There are cases in which courts have held that the termination of a subordinate on account of interpersonal conflict following a consensual relationship is not discrimination on account of sex, but rather on account of personal conflict.
Obviously, if one party wants to end the relationship and the other does not, continuing advances would be unwelcome and could constitute hostile environment sexual harassment. However, if your boss terminated the sexual relationship, you cannot call her subsequent general hostility sexual harassment, since it is not unwelcome conduct of a sexual nature.
The fact that you were terminated shortly after complaining of discrimination may give you a claim of retaliation under Title VII. An adverse action that occurs shortly after protected conduct is prima facie evidence of retaliation. The problem here involves whether your complaint was protected conduct. If you reasonably believed that your boss's treatment of you involved unlawful discrimination, and if you complained of sex discrimination or sexual harassment, your complaint should be protected. But if you merely complained of bad treatment and did not characterize it as unlawful discrimination, a court might rule that your complaint did not constitute protected conduct under Title VII, since the conduct of which you complained was not sexual harassment.
To pursue either a claim of sex discrimination or retaliation, you must begin by filing a charge of discrimination. I would file the charge with the Equal Employment Opportunity Commission. For more information, go to www.eeoc.gov.
posted by Francis Fanning | Oct 13, 2010 1:25 PM [EST] [ Best Answer - selected by asker ]
There are cases in which courts have held that the termination of a subordinate on account of interpersonal conflict following a consensual relationship is not discrimination on account of sex, but rather on account of personal conflict.
Obviously, if one party wants to end the relationship and the other does not, continuing advances would be unwelcome and could constitute hostile environment sexual harassment. However, if your boss terminated the sexual relationship, you cannot call her subsequent general hostility sexual harassment, since it is not unwelcome conduct of a sexual nature.
The fact that you were terminated shortly after complaining of discrimination may give you a claim of retaliation under Title VII. An adverse action that occurs shortly after protected conduct is prima facie evidence of retaliation. The problem here involves whether your complaint was protected conduct. If you reasonably believed that your boss's treatment of you involved unlawful discrimination, and if you complained of sex discrimination or sexual harassment, your complaint should be protected. But if you merely complained of bad treatment and did not characterize it as unlawful discrimination, a court might rule that your complaint did not constitute protected conduct under Title VII, since the conduct of which you complained was not sexual harassment.
To pursue either a claim of sex discrimination or retaliation, you must begin by filing a charge of discrimination. I would file the charge with the Equal Employment Opportunity Commission. For more information, go to www.eeoc.gov.
posted by Francis Fanning | Oct 13, 2010 1:25 PM [EST] [ Best Answer - selected by asker ]
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