An employee discovers her boss is having a sexual relationship with a co-worker. Then, when the co-worker gets favorable treatment, including questionable promotions, the employee comes after you, charging that the boss’s favoritism amounted to sex discrimination and created a hostile work environment. Open-and-shut case for the employee? Maybe not, according to a new decision.
Boss’s Affairs Lead to Lawsuit
Edna Miller and Frances Mackey, who worked for the California Department of Corrections at Valley State Prison for Women in Chowchilla, charged that warden Lewis Kuykendall had ongoing sexual relationships with several of their female co-workers. Miller and Mackey brought a sex discrimination suit claiming these women received preferential treatment. For example, Miller alleged that a woman who was involved with Kuykendall received several promotions for which Miller was better qualified. They also charged that the nature of Kuykendall’s amorous relationships with these co-workers created a hostile work environment.
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Case Dismissed
A California Court of Appeal threw out the lawsuit. The court explained that although Miller and Mackey may have been able to show that they suffered adverse workplace consequences because of their boss’s romantic relationships, the unfair treatment wasn’t based on their sex. In other words, they didn’t allege they were treated differently from male co-workers as required in sex discrimination cases. In fact, male workers were as disadvantaged by the situation as Miller and Mackey were.
Also, said the court, the alleged existence of the relationships and favors wasn’t sufficiently severe and pervasive to create a hostile environment. Neither Miller nor Mackey complained the affairs and related conduct created an atmosphere in which they felt they were judged on their sexuality rather than on merit. And neither woman claimed that she was propositioned by a supervisor or that she received unwanted sexual attention.
What This Means for Your Workforce
Although the employer won, this case highlights the turmoil that can result when managers become romantically involved with workers they supervise. Even if you’re not on the hook for sex discrimination, your employees could become disgruntled and demoralized by the situation. You also risk a sexual harassment complaint by the former paramour if the relationship sours.
Implementing a no-dating policy may not be a realistic option because it can be difficult to enforce and can leave you open to claims that you’re infringing on off-the-job personal activities. A safer approach is to include information on the risks associated with workplace romances in your harassment training for supervisors. You can also require supervisors to inform you if they become romantically involved with an employee.
Also, be sure employees have a means of complaining about unwanted romantic advances they receive in the workplace. And, if a problem develops requiring one person to be transferred, don’t automatically move the woman, particularly if she is the subordinate.