Can I Be Sexually Harassed If I Went Along With It At First?
Workplace romances are complicated, no doubt. As a law firm that regularly handles sexual harassment cases, we’ve seen many situations where an employee and their supervisor start off by mutually flirting or entering into a consensual romantic relationship. If you’ve read our previous sexual harassment blogs, you’ll know that while a boss and subordinate being in a relationship is problematic for many reasons, it isn’t inherently unlawful as long as the relationship is consensual and job benefits aren’t made a condition of the relationship.
But what happens if the subordinate decides that they no longer want to engage in “sexts,” or ends an ongoing workplace romantic relationship? Does that mean that any future claim of sexual harassment is not possible because the flirting and/or relationship was initially mutual? You would think the answer would be obvious to bosses and/or attorneys who represent companies, but sadly, evidence of mutual flirting and/or consensual romantic relations is very much relied on in desperate attempts to claim that subsequent sexual harassment is not actionable. Plain and simple, someone who has decided to no longer engage in consensual sexual communications or relations with a boss or co-worker is absolutely protected from unwanted sexual advances, inappropriate sexual comments, or retaliation at work for no longer going along with the flirtations or relationship
This follows the same principle when it comes to consent for sexual activity: saying yes once doesn’t keep someone from saying no in the future, and deciding to flirt to a certain point doesn’t give license to your boss to take that flirting even further when you say “no” or “stop.”No one should feel ashamed or fearful for putting an end to any mutual workplace relationships for fear that it will 1) affect their job status, or 2) that they can be sexually harassed on an ongoing basis because they once consented to sexual contact or communications
If your boss can’t take a hint and continues to make unwanted advances, or send “sexts” even after you call it quits, contact experienced sexual harassment attorneys like us to discuss your options.