Sexual Harassment for Consultants?

Medcoop asks: "My friend is working as a consultant for a government institution, and is having a difficult time with his direct supervisor (the person who hired and manages him). She has been repeatedly asking him out (even though she is several decades his senior), and keeps referencing her preference for younger men. This isn't exactly sexual harassment, however, as he hasn't said 'No, and please stop asking.' The problem is that if he says the above, there won't be any more work for him there. He's not really fired, but just not asked back for other work. Where does this situation fall with respect to the law? Does anyone have any advice for him?"

Comments

My suggestions

[BladeMelbourne]

He could pretend to be gay - subtle at first and then more 'out' about it.

He could also meet a girlfriend/fiancé for lunch, and plan it so that his boss sees his partner. This partner could be just a friend - the boss is not likely to know the difference.

Or he could combine both of the above and meet a pretend boyfriend for lunch?

Definately document the harassment - to use just in case the situation gets worse.

Sexual Harassment

[dTaylorSingletary]

This isn't exactly sexual harassment

Wrong. It can be interpreted as sexual harassment regardless of your reluctance to state it as a problem. However, nothing can be done unless you alert the issue to the next person in line of management. When a manager is the source of sexual harassment, the liability on your employer is higher. If this woman has "hire and fire" abilities, she is potentially costing your company a great amount of money, and should be alerted to begin with. Second, while you may not want to sue the person, filing a BOLI (or equivalent to your jurisdiction) complaint against your employer, who cannot legally retaliate against you in any way.)

Your status as a consultant (as ,I a person who merely works in an employment defense law firm and reads dozens of pleadings of this nature a day, can advise you) may complicate matters, but shouldn't entirely limit your employer's liability.

Examine any handbook that you received. You can easily construe your work environment as being hostile because of this as well, claim (dis)stress damages, and onward.

But... I have a feeling that you just want this to stop, and talking to a higher level supervisor should solve your problem quickly. Be sure to exhaust any administrative remedies as you can muster. There are always better ways to solve a problem than litigation.

I am not a lawyer, etc. etc.

How about this for a plan?

[WIAKywbfatw]

Tell your friend to go out on a date with the woman. On that date, have him drop some pretty major hints that he's one of the following:

1. closet gay, shy about coming out;
2. still recovering from a STD;
3. unable to sustain an erection because of a personal trauma;
4. maintaining a long distance relationship with a girl he's never met but hopes to meet up with in a year a so;
5. currently celibate because of a bad breakup;
6. saving himself for when he's married.

Any of these give him plenty of reasons not to take up her advances yet give her slim hope for the future. With any luck, that slim hope will translate into getting your friend more work beyond his current contract but lessening the attention that he'll get from his supervisor.

Remember, the trick is getting her to back off from being all over him but without making her feel totally rejected. If she thinks the door might be open for her just a crack, or that it might open for her down the line, then she'll have a reason to keep him around.

At the very least, your friend should try to avoid a confrontation at any cost. If he doesn't "break her heart" then she might keep him on as eye candy. If he does, then she might just bitch about him "not being a team player" or "having an attitude" to other potential employers.