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Sexual harassment policy application to married couple

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smartie101

Junior Member
What is the name of your state (only U.S. law)? Georgia

Hi, my husband and I are working for the same company in different stores at different locations. While I see the point that for avoiding any conflict of interest by having us in different stores and keeping us from participating in any discussions or decisions related to the terms of each others employment as well as not having any supervisory connection, I have now a problem with a recent request from my employer to sign a consensual relationship agreement which states that my husband and I have voluntarily entered a romantic relationship. The employer claims to need such agreement to avoid any possible claim of sexual harassment caused by the romantic relationship. According to my understanding of the legal union between spouses established by marriage automatically implies a sexual relationship and in many states keeps the spouses from testifying against each other. So how could my employer be worried about any sexual harassment claim ever coming from a married couple who in addition is not working at the same place and has no supervisory connection? I may add that the employer first employed my husband into a management position and several months later myself into a hourly worker's position with full knowledge of our marriage.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Georgia

Hi, my husband and I are working for the same company in different stores at different locations. While I see the point that for avoiding any conflict of interest by having us in different stores and keeping us from participating in any discussions or decisions related to the terms of each others employment as well as not having any supervisory connection, I have now a problem with a recent request from my employer to sign a consensual relationship agreement which states that my husband and I have voluntarily entered a romantic relationship. The employer claims to need such agreement to avoid any possible claim of sexual harassment caused by the romantic relationship. According to my understanding of the legal union between spouses established by marriage automatically implies a sexual relationship and in many states keeps the spouses from testifying against each other. So how could my employer be worried about any sexual harassment claim ever coming from a married couple who in addition is not working at the same place and has no supervisory connection? I may add that the employer first employed my husband into a management position and several months later myself into a hourly worker's position with full knowledge of our marriage.
Why do you have a problem with signing the form? Sure, it seems unnecessary, but the boss is asking for it.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? Georgia

Hi, my husband and I are working for the same company in different stores at different locations. While I see the point that for avoiding any conflict of interest by having us in different stores and keeping us from participating in any discussions or decisions related to the terms of each others employment as well as not having any supervisory connection, I have now a problem with a recent request from my employer to sign a consensual relationship agreement which states that my husband and I have voluntarily entered a romantic relationship. The employer claims to need such agreement to avoid any possible claim of sexual harassment caused by the romantic relationship. According to my understanding of the legal union between spouses established by marriage automatically implies a sexual relationship and in many states keeps the spouses from testifying against each other. So how could my employer be worried about any sexual harassment claim ever coming from a married couple who in addition is not working at the same place and has no supervisory connection? I may add that the employer first employed my husband into a management position and several months later myself into a hourly worker's position with full knowledge of our marriage.


It may be protecting others from your inappropriate displays of affection (if they're present), too.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? Georgia

Hi, my husband and I are working for the same company in different stores at different locations. While I see the point that for avoiding any conflict of interest by having us in different stores and keeping us from participating in any discussions or decisions related to the terms of each others employment as well as not having any supervisory connection, I have now a problem with a recent request from my employer to sign a consensual relationship agreement which states that my husband and I have voluntarily entered a romantic relationship. The employer claims to need such agreement to avoid any possible claim of sexual harassment caused by the romantic relationship. According to my understanding of the legal union between spouses established by marriage automatically implies a sexual relationship and in many states keeps the spouses from testifying against each other. So how could my employer be worried about any sexual harassment claim ever coming from a married couple who in addition is not working at the same place and has no supervisory connection? I may add that the employer first employed my husband into a management position and several months later myself into a hourly worker's position with full knowledge of our marriage.
OMGoodness...

Please tell me this foolish request is not from WalMart. Please don't give me yet ENOTHER reason to not shop there.

I truly am sorry that you work for such nasty corp. :(
 

Zigner

Senior Member, Non-Attorney
OMGoodness...

Please tell me this foolish request is not from WalMart. Please don't give me yet ENOTHER reason to not shop there.

I truly am sorry that you work for such nasty corp. :(
I'm not sure I understand this response. The employer is asking the employee to acknowledge something that the employee has already acknowledged. There's nothing secret or private about it. It's really a non-issue in my opinion.
 

smartie101

Junior Member
Why do you have a problem with signing the form? Sure, it seems unnecessary, but the boss is asking for it.
That's a strange answer. Do you always sign everything just because the boss is asking for it? Anyhow, I have a problem with it because apart from putting my more than 20-year-marriage on the same level like a simple romantic relationship, it kind of implies that my husband could sexually harass me in the work environment.
 

Zigner

Senior Member, Non-Attorney
That's a strange answer. Do you always sign everything just because the boss is asking for it? Anyhow, I have a problem with it because apart from putting my more than 20-year-marriage on the same level like a simple romantic relationship, it kind of implies that my husband could sexually harass me in the work environment.
I think you're reading too much in to it.

The bottom line is that there is nothing illegal about the employer requesting this. How far do you want to press the issue?


ETA: Sometimes one has to choose their battles.
 

smartie101

Junior Member
I think you're reading too much in to it.

The bottom line is that there is nothing illegal about the employer requesting this. How far do you want to press the issue?


ETA: Sometimes one has to choose their battles.


Hhhm, it's not battling or pressing the issue. I was trying to understand how the legal concept of marriage does not automatically negate the legal concept of work related sexual harassment making the employer's request at least questionable.
 

Ohiogal

Queen Bee
Hhhm, it's not battling or pressing the issue. I was trying to understand how the legal concept of marriage does not automatically negate the legal concept of work related sexual harassment making the employer's request at least questionable.
Assume you are going through a divorce but still married. Could your husband sexually harass you then? Your husband CAN sexually harass you.
 

Sockeye

Member
Yes it may seem stupid, silly, pointless and whatever else you want to throw at it, I will only agree with you.

However, as already mentioned, there is no law that says they can't require it and no law to support you if you refuse to sign.
 

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