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Affairs at Work Subject to Suits
Companies must now know if their employees are having "affairs" or face the consequences.
In a significant expansion of sexual harassment law in California, the state high court unanimously decided that any worker, male or female, could suffer sexual harassment even if his or her boss never asked for sexual favors or made inappropriate advances.
Previously, only the worker who had the affair or received unwanted sexual attention could prevail in California.
"Widespread favoritism based upon consensual sexual affairs may imbue the workplace with an atmosphere that is demeaning to women because a message is conveyed that managers view women as 'sexual playthings,' " Chief Justice Ronald M. George wrote for the court.
In such a situation, other employees may believe "that the way required to secure advancement is to engage in sexual conduct with managers," he added.
Shannon B. Nakabayashi, who represented California employers in the case, said the decision would result in employers monitoring office romances, even those between employees of the same rank, for fear of being sued for tolerating a sexually charged work environment.
Companies must now know if their employees are having "affairs" or face the consequences.