Santa Monica, CA asked in Sexual Harassment for California

Q: Is accidentally admitting to romantic feelings to a co-worker sexual harassment, if it was after hours and not at work?

I have a co-worker with whom I associate outside of work. One day, in a text message after work, I admitted to having romantic feelings for him. I misunderstood something he said. Is it workplace sexual harassment, though?

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: It could be, yes. You have to be very careful when dealing with those you work with, even off the clock. You could be disciplined or terminated if the employer so desired. Good luck to you.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, sexual harassment typically occurs in the workplace or during work-related activities. Since your admission of romantic feelings happened outside of work hours and not in a work setting, it generally would not be considered workplace sexual harassment. The context and setting of the interaction are crucial factors.

However, it is important to consider the impact of your actions on the work environment. If the co-worker feels uncomfortable or believes the admission affects their ability to work with you, it could potentially lead to complications. Maintaining professionalism and clear boundaries in such situations is essential to avoid any misunderstandings or issues at work.

If you notice any tension or discomfort arising from this incident, it might be helpful to address it directly and professionally. Open communication and mutual respect are key in maintaining a positive work relationship. Seeking guidance from your HR department can provide further clarity and support if needed.

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