Legal Question in Employment Law in New York

Sexual Relationship in Office

I work in New York City in a large

organization. Within my small office,

my immediate supervisor and the

head honcho are having a sexual

relationship that began when she

was an intern and lead to her being

promoted to manager. This

relationship creates a hostile work

environment, an imbalance in power,

and keeps everyone else from doing

their jobs. My employer allows

consensual relationships between

employees but NY City law may not. I

do not think I personally have a sex

harassment claim because I have not

been approached for sexual favors

even if this relationship makes my

office a horrible place to work.

Moreover, it more directly affects

women in the office. (The main boss

is a man, as am I, but the person in

a relationship with him is a woman.)

Is this illegal? What can I do?


Asked on 4/30/09, 7:07 pm

3 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Sexual Relationship in Office

If you are not directly affected in your own employment status (by some type of adverse job action that leads back to this situation) you would not have an actual claim anyway. If a co-employee has been discharged or suspended, demoted etc. as a result of this situation, however, and you wish to report that the discharge etc. occurred due to this problem, if you file a report you will be protected against retaliation under Title VII and NY Law.

Read more
Answered on 5/03/09, 1:07 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Sexual Relationship in Office

If you are not directly affected in your own employment status (by some type of adverse job action that leads back to this situation) you would not have an actual claim anyway. If a co-employee has been discharged or suspended, demoted etc. as a result of this situation, however, and you wish to report that the discharge etc. occurred due to this problem, if you file a report you will be protected against retaliation under Title VII and NY Law.

Read more
Answered on 5/03/09, 1:07 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Sexual Relationship in Office

If you are not directly affected in your own employment status (by some type of adverse job action that leads back to this situation) you would not have an actual claim anyway. If a co-employee has been discharged or suspended, demoted etc. as a result of this situation, however, and you wish to report that the discharge etc. occurred due to this problem, if you file a report you will be protected against retaliation under Title VII and NY Law.

Read more
Answered on 5/03/09, 1:07 pm


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