Legal Question in Sexual Harassment in California

Female employee telling too much to male boss

As a male manager for a small company, I recently hired a bright woman for a position in our company. Although she has only been with us for two weeks, she has shown remarkable skill at her job, yet she also has made it very clear she has a crush on me, and has made teasing remarks about us having a physical relationship. She has not touched me, nor acted on her jokes, but does this constitute as sexual harassment, and as her manager, do I have any recourse?


Asked on 1/27/02, 11:47 pm

2 Answers from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Female employee telling too much to male boss

First, check your employment policy memorandum, if there is one. Does your company have a procedure for filing complaints? Lastly, it is unusual for a supervisor to complain about sexual harassment from an employee, but presumably not impossible. Simply asking for a relationship is not sexual harassment, unless repeated after no uncertain "No," and complaint to the boss.

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Answered on 2/04/02, 8:05 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Female employee telling too much to male boss

Ther can be sexual harassment of men by women, but it usually requires that the woman be a supervisor. It is too soon to consider this a "hostile environment" situation.

Make sure that you document this situation with your immediate supervisor, and follow any company guidelines for reporting such incidents. Then, firmly and, perhaps with your boss, sit down with this woman and tell her (in writing) how much you appreciate the quality of her work, but that the advances, whether real or imaginary, do not belong in the workplace, and must stop.

If you let this continue, I can see a sexual harassment suit against you, when you don't give in to her advances. Nip it in the bud.

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Answered on 2/04/02, 8:20 pm


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