Tatiana and David

Tatiana is hoping for a promotion to a position that she knows will become vacant soon. She knows that her boss, David, will be involved in deciding who will be promoted. She tells David that she will be applying for the position, and that she is very interested in receiving the promotion. David says “We”’ see. There will be a lot of others interested in the position.”

A week later, Tatiana and David travel together on state business, including an overnight hotel stay. Over dinner, David tells Tatiana that he hopes he will be able to promote her, because he has always really enjoyed working with her. He tells her that some other candidates “look better on paper” but that she is the one he wants. He tells her that he can “pull some strings” to get her into the job and Tatiana thanks David. Later David suggests that they go to his hotel room for “drinks and some relaxation.” Tatiana declines his “offer.”

David’s behavior could be harassment of Tatiana.

After they return from the trip, Tatiana asks David if he knows when the job will be posted so that she can apply. He says that he is not sure, but there is still time for her to “make it worth his while” to pull strings for her. He then asks, “How about going out to dinner this Friday and then coming back to my place?”

David engaged is sexual harassment.

Tatiana, who really wants the position, decides to go out with David. Almost every Friday they go out at David’s insistence and engage in sexual activity. Tatiana does not want to be in a relationship with David and is only going out with him because she believes that he will otherwise block her promotion.

Tatiana cannot complain of harassment because she voluntarily engaged in sexual activity with David.

Tatiana receives the promotion.

Tatiana cannot complain of harassment because she got the job, so there is no discrimination against her.

Tatiana breaks off the sexual activities with David. He then gives her a bad evaluation, and she is removed from her new position at the end of the probationary period and returns to her old job.

It is now “too late” for Tatiana to complain. Losing a place of favor due to the break up of a voluntary relationship does not create a claim for sexual harassment.