Workplace: Sexual Harassment How to protect from false allegation / written contract

Asked about 2 months ago - Atlanta, GA

I work in a company. Me and my one of the employee have developed attraction for each other. I am her manager/ employer and she is my subordinate. We are planning to have consensual physical relationship with out marriage. But, my concern is if things go wrong in the future , I do not want to falsely get charged with sexual harassment and no body should able to allege that i used my position as manager/ employer to pressure her or forced her to have sexual relationship. I am thinking about having a sort of written contract which both of us will sign which will protect me from false allegation in the future. Off course I want to do it confidentially.

Attorney answers (2)

  1. Andrew Yancey Coffman

    Contributor Level 7

    Answered . Consensual sexual relationships do not constitute sexual harassment. When physical relationships are involved, sexual harassment is defined as making employment benefits conditioned on sex. For example, if a supervisor offered a promotion or a favored assignment in exchange for a sexual act, that would constitute sexual discrimination.

    Having your subordinate sign a contract would not insulate you from getting into trouble. If your subordinate accuses you of sexual harassment, your employer can still terminate you.

  2. Kevin Rindler Madison

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . This is a very precarious situation that you are about to enter into, fraught with potential litigation if it goes sour. I would get some advice from a local employment law attorney before you do anything. The Avvo website has a "Find a Lawyer" tab to assist you in your search.

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think... more

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