Staring at Co-worker and Soured Romance May Rise to Level of Sexual Harassment

A California appeals court ruled that unwelcome staring by a male employee at a female co-worker may constitute unlawful harassment. The woman complained that the man had repeatedly asked her out and made sexually suggestive comments. In response, the company ordered the man to stay away from the woman. Nonetheless, the man continued to stare at the woman from a distance for five to ten minutes at a time, and occasionally grabbed his crotch while doing so. The woman argued that the man's staring created a sexually hostile work environment for her. The company insisted that the staring was only sporadic, at a distance, and not sexually suggestive. In light of the man's prior conduct toward the woman, the judge ruled that a jury would have to decide whether the staring was merely trivial or whether it was serious enough to rise to the level of unlawful sexual harassment.

In a separate case, the 11th Circuit Court of Appeals upheld a claim for sexual harassment and retaliation based on the aftermath of a consensual relationship. The female plaintiff had received high marks for her work until she broke off a romance with her male supervisor. The supervisor then pleaded with her to resume their relationship, deluged her with phone calls, rubbed up against her sexually, and even threatened her if she did not resume their affair. When the plaintiff complained to the company, the general manager told the supervisor to find a way to "get rid of the bitch." Based on these facts, the appeals court upheld a jury award of $252,000 plus attorneys' fees.