This Is Sexual Assault This Is Nothing Funny About This Nothing
The audience laughed as late-night TV's David Letterman gave his on-air confession, but lawyers knowledgeable about sexual harassment had a different reaction - more along the lines of "uh-oh."
Letterman, who said he's had sexual relationships with employees and was the victim of an extortion attempt, brought to the spotlight an ugly workplace problem that is unlikely to ever go away. As long as there are hormones, there will be at-work relationship issues, experts say.
Not all workplace relationships are illegal, nor do they necessarily result in extortion, marital strife or lawsuits. But where is the line drawn? When does interest or friendliness become harassment?
Therein lies the problem, lawyers say. At-work relationships may be tempting, but people who want to protect jobs and/or families, and at the same time avoid lawsuits and drama, would be well-advised to just not go there.
Mike Malfitano, a labor lawyer with an office in Lakeland, said parties involved in consensual relationships in the workplace are misguided to assume they won't have any related legal issues.
"The problem is, what's consensual?" he said. Even if a relationship has been developed by mutual agreement, things can change, he said.
"What if a relationship is consensual, then something bad happens; someone is fired, then all of a sudden, his or her memory changes?" he asked. In cases where one person's word is weighed against another's in court, "then it goes to credibility. It is just inherently risky to get involved in a sexual relationship with a subordinate," he said.
It is important for employees to be aware of the law, use caution and make wise choices. That's why Dawn Grant Kahre, general counsel to Richard Weiss, Polk County's clerk of the court, gives a presentation on sexual harassment to all new employees.
Kahre spells out what harassment is, how employees can best avoid problems and how they are entitled to a safe working environment.
Harassment, she tells them, is "any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment." Sexually harassing behavior is defined as ranging from "repeated offensive or belittling jokes to a workplace displaying offensive pornography to outright sexual assault."
There are two types, she said. "Quid pro quo" harassment is of the "something for something" nature - you go out with me, I will get you a promotion. The other type is when employees work in a hostile environment, where a person may be subjected to demeaning jokes, sexual abusive language or unwelcome physical contact, for example.
Problems in the workplace should be relayed to a supervisor, human resources or the clerk, Kahre said.
"Sexual harassment can wreak havoc with a victim's life," she said. "There is still a small group of people who think it's funny to make sexual jokes and innuendos in the workplace. Fortunately, that group seems to be getting smaller."
Some protection from harassment-related legal woes can be obtained, Malfitano said, with "love contracts." When employees begin dating, both agree to notify employers if they break up, or anything changes in the relationship that could be problematic.
Mutual consent, education and love contracts, however, do not result in absolute avoidance of ramifications.
"Even where employers do all the right things, the reality is sexual harassment is an exercise in power over someone with less power," he said. "And between hormones and human nature, I think it's just going to happen."
Letterman's highly publicized office relationship issues provide a prime-time look at the potential havoc of office romance.
"As far as I know, Letterman had a consensual sexual relationship with a subordinate involved in the show," Malfitano said. "If that's the case, he certainly has subjected himself to a sexual harassment suit."
Kahre agrees. "I believe David Letterman acted recklessly, and without regard to anyone but himself," she said. "Only time will tell if his carelessness will land him in court."
Source: https://www.theledger.com/story/news/2009/10/11/nothing-funny-about-sexual-harassment/26215698007/
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