Manager employee dating harassment precidents
(To learn more about what harassment is, see How to Prove Harassment in the Workplace.) Check your company's employee handbook to find out whether there's a policy on harassment.
It is difficult to end a romantic relationship outside the workplace, but determining whether the romantic conduct after the relationship ends is unwelcome and constitutes sexual harassment is an even harder task for the employer and jilted employee. The romantic conduct constitutes sexual harassment so long as it is unwelcome by its recipient.
I will also note that this case is from 2000, and at that time, alleged sexual harassment between two women in a consensual relationship was not being well received by some courts.
I would like to think that today, some of the issues raised would have created a question of fact and got this case to a jury. In summation, workplace relationships are an “at your own risk” situation.
Third, and most significantly, Cooke waited until after being fired to raise these issues.
While an employer is liable without notice for the sexual harassment by an employee’s manager, Ohio law requires that an employer get notice and the chance to remedy alleged sexual harassment by non-management level employees.