Question:

Two of our hospital employees have recently separated and the wife, “Sharon,” has filed for divorce.  They don’t work in the same department, so we are not worried too much about the potential for awkward daily encounters, and neither is the supervisor of the other.  But Sharon recently came to HR to file a complaint about her soon-to-be ex?husband, saying that he is harassing her at work in an attempt to reconcile.  Specifically, he appeared in her unit one day to ask for forgiveness on bended knee, sent flowers to her unit (delivered by singing telegram), and posted a flyer on the employee bulletin board, with their wedding picture and the message, “Sharon – you are the love of my life.  You complete me.  Happy Anniversary.”  Marriage seems like a private matter.  Do we need to do anything – or can we let this thing play itself out?

Answer:

You need to do something.  The sort of conduct about which Sharon has complained could constitute sexual harassment if it persists and is unwanted (which it seems to be).

While there is nothing inherently wrong with offering a compliment or asking for a date in the workplace, repeated advances by an individual who has been clearly rejected or told to stop can constitute harassment and result in a hostile working environment for the subject of the advances.  In the situation you face, the unwanted advances are not excused simply because Sharon is still married to the man making the advances.  Once she has made it clear that the advances must stop – and has complained to the hospital – any continuance of that behavior could result in hostile work environment liability for the hospital.

For that reason, it is important to take remedial action aimed at discontinuing the conduct perceived as harassing.  This could be as simple as meeting with Sharon’s husband, explaining the hospital’s sexual harassment policy, reviewing his conduct that violates that policy, and obtaining his written agreement not to engage in any such behavior again in the future.  He should also be cautioned that any retaliation (including confronting his wife about the complaint) would be deemed to constitute additional harassing conduct on his part and is strictly prohibited.