Office romance can create all types of disturbances that affect employees in various ways. In some situations, a supervisor may give preferential treatment to his or her sexual partner. When other employees who do not have that same relationship do not receive the same treatment, they are likely to file a claim for discrimination. Another situation that more often arises is when an office romance ends and the supervisor starts treating their ex less favorably. In fact, threats of discipline or termination could occur. Consider this case out of Minnesota.
Discrimination Claims Against Regus Management Group, LLC.
According to the lawsuit, a female employee of Regus Management Group,
LLC was romantically involved with her direct supervisor beginning in
2012. In 2014, the female employee ended the relationship and her supervisor
did not take it well. He continued to pursue the employee while they still
worked together.
The employee states that her supervisor was being more controlling and
treated her worse than the other female coworkers. Specifically, the supervisor
threatened to place her on a coaching plan which could likely lead to
her termination. At this point, the female employee spoke to the HR director,
disclosed her previous relationship with her supervisor and then reported
the actions he had taken since the relationship ended.
HR Conducts an Investigation
The HR department conducted an investigation of the employee’s claims
and the supervisor’s alleged conduct. Ultimately, it was determined
that the supervisor's conduct was not improper. Nonetheless, they
warned him about his actions. They also made changes so that the female
employee reported to a different supervisor for performance purposes.
Despite these steps, the employee claimed in her lawsuit that her former
supervisor’s treatment of her worsened.
Female Employee’s Termination
After the employee’s complaints to HR and the subsequent investigation,
she claims her former supervisor treated her worse than before. He limited
her holiday party budget to less than others and then placed her on a
performance improvement plan when she exceeded that budget. A few months
after she was placed on the plan, she was terminated. Her employer claimed
she was let go as part of a reduction in force.
Sexual Harassment and Hostile Work Environment Claims
In addition to filing harassment claims under the Minnesota Human Rights
Act, the female employee brought claims under Title VII as well, alleging
quid pro quo sexual harassment, a hostile work environment, and retaliation.
Quid pro quo sexual harassment requires a showing of unwelcome sexual
harassment, including requests for sexual favors, and when the subject
employee refuses, it results in an adverse employment action. On the other
hand, a hostile work environment occurs when sexual conduct unreasonably
interferes with the victim employee’s work performance or creates
an intimidating and hostile work environment.
The Employer’s Defense
The employer, in this case, argued that the supervisor never threatened
the female employee’s position, nor did he seek sexual favors giving
her an ultimatum if she chose not to comply. They also argue that she
was only terminated based on objective standards used nationwide during
their company-wide reduction in force.
However, the court found that there was sufficient evidence that the female
employee’s refusal to continue the relationship and/or her harassment
complaint to HR played a role in her supervisor’s treatment of her.
The court also reasoned that his actions regarding the holiday party budget
may have lead to her termination, which was a tangible adverse employment
action she suffered as a consequence.
Hostile Work Environment Claim Dismissed
On the other hand, the court found that the relationship at issue was
consensual initially and that there was no physical contact after the
relationship ended. Nor was there evidence that the supervisor used any
inappropriate language, sexual or intimidating comments to the female
employee. Consequently, the court dismissed her hostile work environment claim.
If you feel you have been the victim of discrimination or retaliation
in the workplace, or if you have any other questions regarding your employment
rights, please contact the experienced Birmingham employment law attorneys
at Michel Allen & Sinor . You can contact us either online or by calling
us at (205) 265-1880. We are here to serve you!