Legal Question in Employment Law in California

Sleeping with the boss

I work in an office where a girl who is in the same position as I am, is sleeping with the owner of the company. This man is also our direct report. She is given special treatment, better quality leads, and has input into which direction the company is headed. She also has input on who is hired and who is fired. They kept their relationship secret for a few months but have now decided to let everyone know. There is lots of flirting, etc. at work now between them. Is this legal? What can I do?


Asked on 10/19/99, 4:21 pm

2 Answers from Attorneys

Roger Renfro Renfro & Associates Law Corporation

Re: Sleeping with the boss

This answer assumes you work in California for a California employer. Your question makes no mention of whether your boss has ever directed his personal attention to you. If not, what you have described may be classified as the "other type" of sexual harassment:hostile work environment. You should read the company bulletin board to determine what rights you may have regarding alleged sexual harassment, including working in a hostile work environment. You should follow established company procedure to report any offensive, sexually oriented conduct. Normally, this would mean filing a complaint with your supervisor, which is, in this instance, the business owner. The special circumstances set forth in your question makes it very difficult to determine whether what you have complained of would rise to the level of being considered severe and pervasive enough to constitute sexual harassment/hostile work environment. Consequently, it is suggested you consult with a local employer attorney immediately to discuss your situation in further detail and explore with him/her what options may be available.

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Answered on 10/22/99, 5:33 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Sleeping with the boss

Yes, it is legal as long as she wants the arrangement. there is nothing you can do unless you can get the boss to sleep with you too.

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Answered on 10/21/99, 4:42 pm


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