Sexual harassment is any unwanted or unwelcome sexual behaviour where a reasonable person would have anticipated the possibility that the person harassed would feel offended, humiliated or intimidated.
It has nothing to do with mutual attraction or consensual behaviour.
It is common for relationships and attractions to develop in the workplace.
As an employer, it is important to ensure that these circumstances do not lead to incidents of sexual harassment.
The fact that two individuals have been in a consensual sexual relationship does not mean that sexual harassment may not occur following the end of the relationship.
Again, you should clearly communicate your policy and requirements to your employees to help avoid situations in which these types of relationships cause active resentment and/or subject your company to compliance risks.
Do you currently have an employee dating policy in place at your business?
If not, it may be a good time for you to consider implementing such a policy.
The woman’s boss engaged in a range of other conduct of a sexual nature. However, the court also found that certain acts – including giving the woman gifts of a sexual nature, such as underwear, sending explicit text messages and attempting to share a bunk bed – was unwelcome sexual harassment Sexual harassment in the workplace is against the law.
A person who sexually harasses someone else is responsible for their behaviour.