Workplace romance and sexual favoritism in the #MeToo workplace: legal and practical considerations for management

What is it about?

The advent of the #MeToo movement has brought forth increased national and global attention to sexual assault, abuse, misconduct, discrimination, and harassment in the workplace, especially by prominent executives against subordinate female employees. Research shows that about 35% - 42% of women have experienced some form of sexual harassment or sex discrimination at work. Many of the high-profile sexual cases that generated the #MeToo movement involved powerful executives asserting that their romantic relationships with subordinates in the workplace were “merely” consensual office romance or sexual favoritism. As a result of the #MeToo movement, employers have been compelled to reconsider how they should respond to sexual discrimination, sexual harassment, office romance, and sexual favoritism in the workplace. Accordingly, in this article, we thoroughly analyze one aspect of office romance and sexual conduct in the workplace, mainly sexual favoritism in the era of the #MeToo movement. We provide recommendations to management on how to provide a healthy work environment for all employees and avoid liability for sexual harassment cases pursuant to Title VII of the Civil Rights Act.

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