Can you get fired for flirting at work?

The consequences of harassment Harassment in the form of unwanted flirting may result in an adverse employment decision, such as cut backs in hours or firing.

schwartzandperry.com - Is Flirting at the Office Unlawful? - Schwartz Perry & Heller LLP

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Is Flirting at the Office Unlawful?

How to know if it’s harmless or if it’s harassment

Your new coworker is outgoing, friendly, talkative … and apparently, a flirt.

He unabashedly compliments you on your appearance, smiles and winks at you as he walks by, and jokingly asks if he is your “type.” You were friendly at first but now you’re becoming increasingly uncomfortable as his flirting escalates. You’re also concerned about how his interaction with you is being seen by other coworkers and your supervisor. Finally, you tell him in no uncertain terms to leave you alone. He doesn’t. Instead, he mocks you, and complains about you to coworkers. Is this harassment? Let’s discuss the difference between flirting and harassment at work.

Flirting v. harassment—what’s the difference?

The key difference between flirting at the office and harassment is that harassment is unwelcome and discouraged. Harassment is often persistent and severe. Flirting may begin innocently enough but then develop into harassment. It can be about the violation of a coworker’s boundaries. When it comes to flirting at the office, asking the offender to stop should be enough. If the flirting does not stop, or escalates, it may cross the line to harassment.

Harassment under the law

Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment can occur when severe and persistent conduct creates a hostile work environment due to its intimidating, hostile, or offensive nature. The standard is objective rather than subjective, that is—the conduct must be of such a nature that a reasonable person would consider intimidating, hostile, or abusive.

When flirting gets out of hand

If a coworker’s flirting makes you feel uncomfortable, offended, or intimidated, tell the person directly and firmly that the behavior is unwelcome and to stop immediately. You should also report the offending conduct to management. Note the date and time of your report, as well as who you spoke to. If you are not sure if a coworker’s flirting constitutes harassment, tell him or her to stop. If the behavior does not stop, that is a clear indication that it is not harmless flirting but harassment.

Harassment that is not addressed by management may require legal intervention.

The consequences of harassment

Harassment in the form of unwanted flirting may result in an adverse employment decision, such as cut backs in hours or firing. However, harassment is unlawful whether or not it results in negative work-related actions. If you suspect that flirting in your workplace has crossed the line to harassment, and that the conduct you are experiencing or witnessing is unlawful, you should speak with an experienced employment attorney.

Contact us now to discuss your unique situation.

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What is your prime age?

Crudely speaking, you may conclude that you are at your sexual peak in your 20s, your physical peak in your 30s, your mental peak in your 40s and 50s and at your happiest in your 60s – but these are just averages, so your own trajectories may follow very different paths.

bbc.com - What's the prime of your life? - BBC Future

If sitcoms and movies are to be believed, your 20s and 30s are something of an ongoing orgy. In fact, neither sexual desire, nor sexual activity, fall off very quickly until well into your 50s. And even then the decline is far from precipitous. According to one paper examining “sexually active life expectancy”, men who are 55 today can expect another 15 or so years of relatively frequent sex; women of that age can expect slightly more than a decade. Intercourse may not be quite as regular or vigorous as it once was, but according to that study, 30% of healthy people aged 65-74 still enjoy sex at least once a week. What’s more, the falling sex drive may have other compensations – just as your libido starts falling, your zest for life rises. This is something of a paradox, given the physical complaints that come with age, but it could be partly down to the fact that you have finally learnt to balance your emotions after the tumult of the previous decades.

Elixir of youth?

So what are we to take away from these findings? Crudely speaking, you may conclude that you are at your sexual peak in your 20s, your physical peak in your 30s, your mental peak in your 40s and 50s and at your happiest in your 60s – but these are just averages, so your own trajectories may follow very different paths. Perhaps more important is the general recognition that age brings its equal shares of ups and downs; there is no, overall, prime of your life.

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