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Our supervisor is having an affair with the only girl

Customer Question
Our supervisor is having...

Our supervisor is having an affair with the only girl working for us. Now it is public knowledge bc he left his wife and they have moved in together. It is now obvisos why she was given OT, raises and special treatment

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Yes with CEO, he said they were investiagating the rumors of the affair, now its out int he open. nothing has been done three months

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not sure

Submitted: 3 months ago.Category: Employment Law
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Customer reply replied 3 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 3 months ago
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4/2/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 3 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,569
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

(The system will automatically generate a phone call request to you which is NOT from me. I will not accept a phone call request and will work through the chat system.)

While the employer itself may decide that this was improper behavior, sufficient to terminate the individuals employment, the situation is not actually illegal.

It is not gender discrimination, because the favorable treatment is not granted simply due to gender. Rather, it is based on their relationship and while that is certainly unethical from a business standpoint, it is not illegal in employment law.

If anything here is going to be done, it will be done internally by the employer.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 3 months ago
The favorism that he is showing toward her for sex is not illegal
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 3 months ago
No, it is not. It is not gender discrimination because it is not favoritism towards all females. It is favoritism towards this individual female based on their relationship. We see this all the time where someone will favor a male or a female based on a relationship that they have, and it doesn't even have to be related to an intimate relationship. If the only way that could be illegal related to gender is from the female's standpoint, if she felt that she was being pressured into engaging in certain behavior in order to keep her job. Otherwise, this is not an instance of gender discrimination such that anyone other than her would have a claim against the employer.
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Customer reply replied 3 months ago
Its not illegal bc she gets raises and OT She can come to work late and you tell me its not illegal bc they are in a intiamte relationship
Customer reply replied 3 months ago
You cant tell me that we as employees we dont have a legal issue
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 3 months ago

Yes, it is not illegal. That was information that you had already provided, I had already considered, and it makes no legal difference.

Regrettably yes, I can tell you that as employees you don't have a legal issue, because that is the law. I've done this a long time and sue employers for a living. If this was a permissible suit, I'd be retired already because it happens daily.

A person can treat another with great favoritism based on relationship, be it familial or otherwise, and that is not illegal. It is only illegal when a person discriminates based on an entire segment of the population.

So, favoring someone you went to school with, someone you worked with before, a family member or someone you are intimately related with is not illegal.

An employer can choose to take an action, but the employees here have no claim.

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Customer reply replied 3 months ago
Unfair treatment is not illegal
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 3 months ago

No, not in most instances.

Unfair treatment based on race, religion, gender, age, disability or FMLA use is illegal, but statute. Otherwise, employers are left to deal with everything else on their own.

This is not gender based. It is relationship based. I'm sorry, but no matter how you phrase this question for me, the answer is the same.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 3 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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