Susan asks Michelle out on a date. Michelle refuses and reports Susan to Human Resources. This is the first time Susan has asked Michelle out on a date.

Asking someone out once on a date is not sexual harassment. It is possible that the second time could be considered sexual harassment, particularly if the person being asked is a subordinate. Companies may want to consider establishing a “dating policy” to minimize potential liability.

Victor and Maria are having lunch at the local deli and Maria is telling sexually explicit jokes. Both are laughing. Victor comes into your office and tells you - the manager - he feels sexually harassed by Maria’s jokes. Maria is Victor’s supervisor.

There are three major considerations in this situation:

a. Since this is not occurring in the workplace, some may feel the company/owner has no liability. That is incorrect.

b. Since Victor was laughing at the joke, he cannot claim sexual harassment. This is also incorrect.
c. Maria is a supervisor and therefore seen “as the company”.

This situation could be considered sexual harassment and HR must take immediate and appropriate corrective action.

Alan reports to Human Resources that while at a local deli, two employees were having lunch and telling sexually explicit jokes. Alan found them to be offensive.

See the considerations from above and know that this can also be considered sexual harassment. HR has the same responsibility here.