Legal Question in Sexual Harassment in New York

relationship with boss

I was pressured into a consensual relationship with my boss shortly after I was hired. After 2.5 months I could not hold it in anymore. I went to the HR person and told her about it and how uncomfortable the situation was. I included documentation of the text messages, threatening voicemails (from his girlfriend) and e-mails that were sent to me. HR asked me if I could do my job and I said yes I could but it was very uncomfortable. I work for a very small company (20 people). The action taken was having me report to someone else. I still work with my former boss (as I was hired to do). No action was taken against him but since this has happened he has called me ''babe'' and ''winked'' at me in a meeting. I have not reported this to HR. Should I? I feel like I am being punished for his actions and he is being protected. I sense a great deal of anger towards me from his colleagues (who are the HR person and the person I now report to). My company has no formal sexual harassment policy/training either.


Asked on 8/08/07, 10:36 pm

1 Answer from Attorneys
Alani Golanski Alani Golanski, Esq.

Re: relationship with boss

Generally, an employer may well be liable for sexual harassment if it knows or should know about the harassment, but fails to take adequate remedial action to correct it and protect the employee. And the employer must provide an employee with a reasonable channel for complaining about potential harassment and seeking an internal remedy.

As a potential plaintiff, you have to take reasonable steps to complain through any such corrective and preventive channels set up by your employer. Thus the individual must complain to a person of authority, or follow the proper avenue of redress which was communicated to the potential plaintiff from her employer. From what you say, it seems likely that your company is deficient in the channels it has set up, but it also seems that, indeed, you should report the problem to HR. In essence, if one believes that she has been sexually harassed, she must complain about it to a supervisor or to an individual in HR, and for the employer not to be liable for such alleged harassment, the employer must properly investigate the claim, and attempt to correct it.

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Answered on 8/09/07, 11:01 am


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