Can there be sexual harassment when both parties are willing?

Yes. Favoritism or preferential treatment based upon the granting of sexual favors can create a hostile work environment for both male and female employees who are offended by the conduct. It does not matter whether the sexual conduct is directed at them or if the favorably treated employees are willing participants. When widespread favoritism sends a silent message to employees of one gender that the only way for them to get ahead is to participate in sexual conduct, the employer can be liable for sexual harassment.

Can people who work for the same employer date without engaging in sexual harassment? A workplace romance that is consensual and welcome is not by itself sexual harassment. However, employees must exercise caution to prevent problems from occurring. One danger is that although a relationship may begin as welcome and exciting, a bad breakup may result in unwelcome and frightening behavior by an unhappy partner. Another problem may occur if two employees that are dating engage in physical conduct at the workplace. There are also problems that may develop if a supervisor or a subordinate become romantic bet remain in the same chain of command.

Some employers have polices in place regarding employee dating. See ¶78,610 for information about managing consensual relationships and ¶78,620 for a sample informal consensual relationship letter.