If an employee is a victim of harassment but it turns into a consensual relationship, is it still sexual harassment?

If an employee eventually engages in consensual sex with a person who has been harassing him or her, this does not negate the fact that the prior behavior may be considered harassment under sexual harassment laws. However, this could impact any award for damages that may come from a sexual harassment case, depending on the situation.

Understanding Sexual Harassment

Sexual harassment takes several different forms. If the harasser simply pressures someone into engaging in a relationship, or makes unwelcome advances and/or sexually explicit comments, then this is a form of hostile environment sexual harassment. If a victim eventually gives in or decides to engage in a sexual relationship with the person who created the hostile environment, he or she can still potentially sue for the original discrimination that occurred.

However, one type of damages available for hostile environment sexual harassment called “emotional distress damages,” may be difficult to prove in this case. Because the victim decided to enter into a relationship with the harasser, it may be hard for him or her to prove that the emotional damage caused by the sexual harassment was severe enough to deserve compensation.

“Quid pro quo harassment” is another type of sexual harassment in which the terms and conditions of a person’s job are in some way impacted by whether or not that person engages in sexual behavior. For example, if a woman is told she must sleep with her boss to be promoted or sleep with her boss to avoid being fired, then this is an example of quid pro quo harassment. If the victim gives in and has consensual sex in this situation, the sexual harassment claim is not necessarily negated because the victim may have been coerced into engaging in sexual behavior with the harasser.

Case Studies: Exploring Complexities of Sexual Harassment

Case Study 1: Harassment Turning Into a Consensual Relationship

Sarah, an employee at a marketing firm, experiences persistent sexual advances and unwelcome comments from her colleague, Mark. Initially, she rejects his advances and views them as sexual harassment. However, over time, Sarah and Mark develop a mutual romantic interest, and their relationship becomes consensual. Sarah questions whether her initial experiences still constitute sexual harassment and what legal implications it may have.

Case Study 2: Hostile Environment Sexual Harassment

Alex, a supervisor at a restaurant, consistently subjects Nicole, a server, to sexually explicit comments, unwelcome advances, and creates a hostile work environment. Despite feeling uncomfortable, Nicole eventually engages in a sexual relationship with Alex due to pressure and fear of retaliation. Nicole wonders if she can still hold Alex accountable for the hostile environment sexual harassment she endured.

Case Study 3: Quid Pro Quo Harassment

Lisa, an intern at a law firm, is repeatedly told by her senior attorney, Mike, that sleeping with him is necessary for her professional advancement. Feeling coerced and fearing the impact on her career, Lisa reluctantly consents to a sexual relationship with Mike. She wonders if she can pursue legal action against Mike for quid pro quo harassment, even though the relationship eventually became consensual.