<< The idea that sexual relations between someone higher and someone lower in an organization just might, almost or entirely automatically, constitute sexual harassment is quite fantastic. >>
Ooops - if I gave that impression, I didn't express myself well. What I was getting at was that if there are relations between a supervisor and a subordinate, and there is a person in that same chain of command that gets passed over for advancement in favor of the one with the relationship, a lawsuit is a very real possibility. That doesn't mean there was harassment, only that in our litigious society, and the way juries are currently ruling, there is a large element of risk for the company. Just the cost of defending against such a claim, let alone the bad publicity, encourage employers to adopt a self-defense mentality.
Without addressing the specifics of your suggestions (I really haven't given much thought to them, because I think it is unlikely any change will occur any time soon), I agree with you about the need to reform the laws and practices on the issue of harassment. Unfortunately, the risk is real - for a fun read, look at Ann Coulter's book about Clinton. She includes a fair amount about sexual harassment cases, and includes just some of these types of cases.
Disclaimer - I am not promoting the conclusions Ann Coulter draws, but it helps in the discussion if all sides are considered. |
