Maybe. Technically, if the conduct was unwelcome, severe and pervasive to begin with, there might have been a "hostile work environment" created before the relationship became consensual. Additionally, if the sexual advances were "unwelcome" and the other employee is a supervisor, it could be considered "quid pro quo" harassment if the employee complied in order to keep his or her job. If an ongoing relationship develops, it often becomes more difficult — as a matter of evidentiary proof — to convince a court that the supervisor’s original advances were "unwelcome". However, even consensual relationships can quickly become "unwelcome."

(Reviewed 9-08)