The Mayor Newsom Affair - Legal and Sexual Harassment Training Implications

I was recently asked by Fox News here in San Francisco, to comment on the ramifications of Mayor Gavin Newsom’s confirmed workplace affair. (Mike Mibach Reports On Possible Legal Ramifications of Newsom Affair). What immediately came to mind was the volatile nature of sex and work, and how an inappropriate romance can go far beyond legal liability to jeopardize so much – careers, reputation and the trust of colleagues and the public. All of this comes into play, even when you’re dealing with two consenting adults. 

Consider the 2005 sex scandal involving Boeing ex-CEO, Harry Stonecipher. When the Board of Directors discovered that he was having a consensual affair with a married female executive, he was forced to resign.  And the resignation had nothing to do with alleged sexual harassment, or a violation of the anti-harassment policy and its rules about dating in the workplace.  It came down to ethics.  From the Board’s perspective, the relationship violated the organization’s Code of Conduct (that Stonecipher wrote) and called into question his judgment and ability to lead others. (See the Washington Post: Boeing CEO Resigns Over Affair With Subordinate).  It’s never a good thing when the boss ignores the organization’s rules.  If it is wrong for some, it should be wrong for everyone—even those at the top.

So how will a similar situation play out for Newsom? 

Last week, the Mayor made a startling public announcement, confirming an affair with Ruby Rippey-Tourk.  The relationship began while she was working as his appointments secretary.  Not only was she a subordinate, but she was also married to Newsom’s campaign manager.  In a twist on the standard story, Newsom’s sex scandal involved betraying a close friend and trusted advisor. In the wake of the announcement, Newsom has become the subject of nationwide news coverage and fodder for bloggers. While most seem likely to excuse the affair, what people are really concerned about is the Mayor’s apparent lack of judgment.

Along with so many other workplace sex scandals, the Newsom situation highlights an emerging trend—the intersection of traditional business ethics and workplace harassment principles.  Relationships between employees are no longer just about sexual harassment risk—although this remains a concern.  Today, an office romance (especially one involving the boss) is just as likely to be viewed as a major lapse of judgment and a potential violation of an organization’s Code of Conduct.  The relationships create unacceptable conflicts of interest and expose the organization to unnecessary legal and business risks.

To make things even more complicated, the leaders typically charged with enforcing anti-harassment policies often believe that the rules don’t apply to them.  Some are in positions of immense power and feel impervious.  Others feel they already give so much of their lives to their jobs, that their personal choices are nobody’s business – especially when the relationship involves two consenting adults.  After all, the more you achieve, and the further you invest in career, where else are you going to meet people?  (In full disclosure, I must admit that I met my husband at our old law firm, keeping an office romance quiet for several months.  Nobody frowns upon it now, because we ended up getting married and moved onto different jobs.  Even still, at the beginning of the relationship, we were the subject of a lot of nasty gossip and rumors that I can’t say thrilled me.)

When a scandal runs to the top of the house, the damage can be widespread. The organization can be exposed to sexual harassment litigation --  including claims of economic and environmental harassment.  This is especially true when the relationship ends, and things take a turn for the worse.  People can argue they are being treated differently as a result of the affair – ranging from a claim that the work environment has become hostile, to a more serious claim that someone has lost something of tangible economic value (a promotion, a raise etc.) as a result of the break up. 

And then there’s the latest in harassment liability -- sexual favoritism.  In 2005, California’s Supreme Court ruled that office affairs (even consensual ones) can create liability if others perceive that the only way to get ahead is to sleep with the boss.  That means that even if nothing goes wrong with the consenting relationship, liability may arise from colleagues who find out about it, and feel that it’s inappropriate and creates an unfair advantage.

The bottom line? Organizations can no longer view business ethics and EEO practices as two distinct concerns. Rather, the intersection of these disciplines demands a unified and comprehensive approach to ethics and harassment training. While it may seem obvious that sex with a subordinate is a bad idea, this concept is not universally understood by your employees.  If I’ve learned one thing in this business, it’s that nothing is “obvious” or “common sense.”  At the same time, employees demand a high level of integrity and honesty from management.

Establishing a culture of trust is no easy task for employers. A culture of trust engenders loyalty, retention and best of all, productivity.  Transparency is certainly a critical part of establishing a great culture—but as recent scandals demonstrate, it’s also critical to find leaders who are willing to live by the rules they enforce.

To Newsom’s credit, his public apology was exemplary.  He took full accountability for the situation, acknowledged the damage that had been caused, and focused on the need to regain the trust of the city, and his staff.  (My guess is that as a result, the affair will do little to damage his re-election campaign, or his extraordinary approval rating in the city of San Francisco.)  Other public figures could take a page out of his book when faced with a high profile scandal.

And the next step for the city?  Ensuring that all employees understand the sexual harassment policy, and receive appropriate, high quality education on its practical implications. (Words in a policy mean nothing if they cannot be brought to life.)  Aside from the Newsom scandal, under the new California sexual harassment training standards, training is mandatory for all supervisory city employees.

Tags: affair, anti-harassment, Federal Harassment Training, gavin, harassment, Legal, liability, litigation, newsom, office, policies, Rippey-Tourk, Ruby, sexual,