The Law and Your Job

Sexual Harassment

If a worker "voluntarily" has sex with a supervisor, does this mean that she has not been sexually harassed?

Not necessarily. In order to constitute harassment, sexual advances must be "unwelcome." If an employee by her conduct shows that sexual advances are unwelcome, it does not matter that she eventually "voluntarily" succumbs to the harassment. In deciding whether the sexual advances are "unwelcome," the courts will often allow evidence concerning the employee's dress, behavior and language, as indications of whether the employee "welcomed" the advances.

>>How is sexual harassment defined?
>>What is quid pro quo harassment?
>>If a worker "voluntarily" has sex with a supervisor, does this mean that she has not been sexually harassed?
>>Is an employer liable for quid pro quo harassment engaged in by its supervisors?
>>What is hostile environment harassment?
>>Is an employer liable for hostile environment harassment?
>>What should victims of sexual harassment do?
>>How can employers prevent sexual harassment?


Practical Law Home | The Law & Your Job Home | How Law Affects the Workplace
Major Federal Laws | *Sexual Harassment*

Advertisement