How can Valentine’s Day celebrations at work lead to sexual harassment claims?

Valentine’s Day may be a romantic holiday for lovers, but for employers it creates a minefield that can explode with legal liability. That’s because the day gives supervisors the misguided idea that they can be amorous with subordinates and get away with it. Bad idea.

It’s also the holiday that most employers forget to worry about - but shouldn’t.

You might be thinking, “What’s the big deal? We do Valentine’s Day here at our company and we don’t have any trouble. We have a great time! Everybody loves each other! We’re all so warm and fuzzy.” After all, it’s a day of Cupids, chocolates, candles, and love. Right?

Well, you’d be surprised. Supervisors, who see themselves as kings and queens, feel entitled to “rub noses” with their subordinates. And THAT’s where your problems start.

Cards Keep Showing up in These Cases

Imagine you are HR. Wouldn’t it be just great if your boss handed the secretary a Valentine’s card with an affectionate verse in it? Nope. Another bad move, as in Gallagher v. Delaney, decided in 1998 by the Second Circuit. The supervisor in that case allegedly warned the secretary, after she complained, that she could lose vacation days. That is the WRONG response.

It is Baskerville v. Culligan, a 1995 case out of the Seventh Circuit. A boss told his secretary that his pillow alone kept him company in his hotel room. Then he looked at his hand, implying masturbation. Not good. Not good at all.

And again, cards keep showing up in these cases. In Johnson v. West, decided by the Seventh Circuit in 2000, a supervisor sent a female subordinate an amorous Valentine’s card, and the appeals court reversed a ruling for the employer. And in Pucci v. USAir, decided in 1996 in the Middle District of Florida, the court looked at a big red card that suggested sex. Watch out for these cards.

Coworkers can also have a problem with rumored office romances. In Schlichter v. Limerick Township, a 2006 case out of the Eastern District of Pennsylvania, a Valentine’s personal appeared in the Pottstown Mercury, the woman named was “Robin,” and lived on “Azalea Court.” An obvious code.

Valentine’s Gift

Other gifts show up too. In Seats v. Kaskaskia College, a 2008 case out of the Southern District of Illinois, cookies showed up in a lawsuit. In Lowry v. Powerscreen USB, a 1999 case out of the Eastern District of Missouri, flowers were a part of the suit. And in Burrell v. CUNY, a 1995 case out of the Southern District of New York, there were flowers and chocolate.

Male employees can complain as well. Armstrong v. Meijer, a 1998 case in the Southern District of Ohio, was about a male employee who complained about the conduct of a female coworker on Valentine’s Day. The court focused on how the company responded to his complaint. The case was later dismissed.

In other cases, it was the employee’s own gift that seemed to hurt her case. For example, in Escue v. Northern OK College, a 2006 case out of the Tenth Circuit, the “victim” had sent the Valentine’s card in question. In Bogdan v. NYC Transit Authority, a 2005 case out of the Manhattan federal court, the plaintiff had taken the gold Tiffany’s earrings she was offered as a Valentine’s gift, which didn’t help her claim. Could you believe it?

Not every Valentine’s claim is sexual. In Lescailles v. Ann Taylor, a 2007 case out of the Western District of Kentucky, a group of Cuban-Hispanic employees complained that they were served after their American coworkers at a company Valentine’s dinner, but the court rejected their national-origin claim.

Send a Reminder of the Harassment Policy

So what should employers do? Every year, send a reminder of the harassment policy. In Connecticut, the law requires sexual harassment prevention training for new hires. Don’t hesitate to talk to a trusted lawyer about a specific situation.