The Equal Employment Opportunity Commission just gave another reason why employers need to be concerned about after-hours conduct by its employees, and why dating a coworker, supervisor or subordinate is a bad idea.
The EEOC recently sued United Airlines, claiming that it failed to address a hostile work environment allegedly created by a United Airlines pilot who posted nude pictures of his ex-girlfriend, who was a United Airlines flight attendant.
In the lawsuit, the EEOC claims that the pilot and flight attendant had a consensual intimate relationship for about four years, during which time the flight attendant permitted the pilot to take provocative photos and videos of her.
The relationship continued until a coworker told the flight attendant he saw “nude photos” of her on a website for “swingers.” The coworker also told her that he was led to believe he was chatting with her via the site, because the person was sending him additional photos of the flight attendant.
The flight attendant realized her then boyfriend was posting nude photos of her on pornographic websites without her consent. The pictures were obtained with the understanding that they would be kept within their intimate relationship. The relationship ended, the lawsuit claims, when he refused to cease posting the images.
The lawsuit alleges that for the next decade, the pilot continued to post sexually explicit photos, videos and stories about her on the internet.
The flight attendant learned they were viewed by coworkers, and potentially customers. Some of the images included “partially nude images” of her in her United Airlines uniform, and referred to her by name, identified her home airport and occupation, and referred to “fly the friendly skies” which was at the time United’s advertising slogan.
The flight attendant filed three private lawsuits against the pilot and obtained an injunction against him, but she claimed the behavior continued.
She claimed that she advised several managers at United over the years, and human resources, about what she felt was a hostile work environment created by the pilot. She claims in the lawsuit, “Upon review of Ms. Doe’s claims, United Airlines advised her that [the pilot’s] conduct purportedly did not constitute sex harassment in the workplace and concluded that it did not warrant intervention or action by the employer. No written discipline was issued to [the pilot].”
The pilot was arrested after a FBI investigation, but the lawsuit alleges that United continued to employ the pilot during the investigation. Even after he pleaded guilty to stalking and sentenced to 41 months in prison, the EEOC claims United allowed him to take long-term disability and then permitted him to retire with full benefits.
The lawsuit claims that the behavior significantly impacted the flight attendant’s job, including the need to schedule shifts to avoid the pilot, and her personal humiliation and fear.
This case is stark lesson that employers must address – and end harassment even if the behavior occurs after hours.
Employers have a duty to act where an employee’s work environment is negatively impacted by another employee’s conduct – whether it be via social media, text messages, electronic communications, stalking, or any sexual behaviors.
Several states including Virginia prohibit what is known as “revenge porn,” which involves maliciously disseminating provocative images, even if legally obtained.
If the allegations in the lawsuit are proven, the pilot’s actions done after hours most likely created a hostile work environment for this employee, and the employer could be liable under Title VII of the Civil Rights Act.
To set expectations, employers should tell its workforce that if their after hours conduct impacts their ability to work in the organization they might not be able to work there anymore.
It is not appropriate for an employer to believe that the pilot’s actions were not work-related and that it should not get involved.
As with any case, the facts will come out during litigation, but this case presents a good lesson to employers that after hours conduct – and post relationship behaviors – can create a legally actionable hostile work environment.
It also presents yet another reminder that coworker dating creates significant risk for organizations, and manager/subordinate dating should be strictly prohibited.