Hostile Workplace Relationships
Legislature needs employer input to change laws.

By Andy Brown

Amy and Adam (not their real names) both worked on the line at Acme Co. (not its real name) and got to know each other, started dating and became romantically involved. After a few months, Amy broke it off even though Adam wanted to stay together. He would spend time at work trying to get back together and it became not only a distraction for Amy, but also it became bothersome. She complained to her supervisors and they conducted a full investigation. They told Adam he would have to keep his distance from Amy when at work because his actions could be construed as harassment. Adam agreed, but began calling Amy at home and consistently running into her on the weekends and after hours. He was able to find out where she was going on the weekends because they shared friends at work.

Amy complained the work environment was becoming uncomfortable for her because Adam worked so close on the line and was still pestering her when off work. The company again called Adam in and told him they were going to change his work schedule. They explained even though his actions were not during work, they were creating tension and a hostile work environment in the office. The executive staff also made it clear his conduct was not only unprofessional, but also illegal and if any further incidents occurred, Adam would be fired.

Adam changed shifts and genuinely got the message. He apologized to his supervisors and said it would not happen again. He wanted to apologize to Amy, but she, understandably, was not taking his phone calls and he no longer saw her at work due to the shift change. He bought her a tasteful card and wrote an apology inside. He also bought a small bouquet of flowers and came to work early. He did not want to risk a confrontation, so he found her car in the company parking lot, placed the card and flowers on the driver’s seat and went in to get ready for his shift before Amy came out.

Needless to say, Amy was quite upset and filed a formal complaint against the company for allowing the hostile work environment to persist. The company eventually ended up settling the suit and Adam lost his job.

The company did everything right and still got sued. Employees spend a lot of time together and relationships happen. Since relationships happen, break-ups happen and sometimes those break-ups aren’t pretty. Is it fair that companies are sometimes held responsible for the bad behavior of their employees, even when they do everything they can to stop or prevent it? No, it is neither fair nor right.

Courts Not Fair, Right or Just

Unfortunately U.S. courts are not designed to be fair, right or even just. They are designed to be courts of law. Whenever I say our courts are not designed to be fair, inevitably someone launches into a diatribe about how our legal system is broken and should be completely revamped. I will not say our legal system is without problems, but while our system may be far from perfect, the U.S. legal system is perhaps the best in the world.

The reason we have a system based on law is because a system based on what is "right" or "fair" varies too much. What one person considers fair may be completely unfair to another. Indeed, put 20 people in a room and you may come up with 30 opinions; until we all share the same beliefs and opinions, using "fair" as a basis for decision making is inappropriate for making legal decisions.

Fortunately, employment and labor law in Alaska is relatively nascent and there is ample opportunity to influence the laws so they more accurately reflect what you consider "fair." Unfortunately, relatively few voices have been and are being raised during this crucial, developmental time. The result is the Legislature is passing laws affecting your business and the way you operate without your input – 2009 was a banner year for employment law legislation on the national level, and you should be aware of those changes, but you have far more input on what happens at the State level and I encourage you to get involved.

The days of having to travel to Juneau to have your voice heard are long gone. Most legislators not only have offices in the area they represent, they all have e-mail. The Internet is a fantastic tool you can use to learn about what is going on in State government and you can track pending legislation. The Web site www.legis.state.ak.us allows you to contact your representative, track legislation and conduct research free of charge.

With all the resources available, there is no excuse not to be involved. If you want laws to be what you consider fair, get involved, speak up and be heard. You can do everything right in the business world and still fail, still be sued and still be frustrated. Don’t be upset, though, that the law isn’t fair if you haven’t taken the time to get involved and help shape the legal rules under which you have to live and operate.

About the Author
Andy Brown J.D., MPA, labor and employment attorney, is a HR consultant with The Growth Company in Anchorage. Brown has more than 16 years of broad-based human resources experience.