Legal Question in Sexual Harassment in United States

When under his employment my manager asked me on several dates, bought me a gift, & offered me monetary assistance just for my company on dates & trips. I never went on any, but the one night I was going to have dinner with him, he cancelled on me for not wanting to go home with him afterwards. I still have all of our messages. Is this sexual harassment in workplace?

Asked on 9/23/16, 2:14 pm

3 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

This appears to be sex in exchange for employment or promotion. The next question is did you suffer an adverse employment event?

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Answered on 9/23/16, 2:31 pm
Jason Stern Law Offices of Jason Stern

These cases are extremely fact dependent and I believe additional information is needed to fully evaluate the possible merits of your claim. Please feel free to contact me directly at 212-920-6950 or via email.

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Answered on 9/23/16, 2:47 pm

It doesn't sound like this has affected the terms and conditions of your employment, at least not yet. For it to be actionable sexual harassment either the sexual or romantic attention must be unwanted and continue after he is informed it is unwanted, OR submitting to the sexual or romantic advances must be a condition of continued employment or employment benefits such as raises or promotions, or under threat that failure to submit to the advances will have adverse employment consequences, or spurned advances result in adverse employment consequences. From what you describe, it sounds like the advances were acceptable to you and consensual until you declined his advances to move the relationship from personal to sexual. However it seems the only negative consequences so far are that he has broken off the relationship. Unless and until he continues his advances over your objection, or you suffer adverse effects on your employment situation due to spurning him, it is not legally sexual harassment. If he DOES impose adverse employment consequences on you due to this, THEN you would have a sexual harassment claim.

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Answered on 9/23/16, 6:30 pm

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