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From the Archives: Employers Should Beware Of Valentine’s Day
By Daniel Schwartz on February 13th, 2012
Who would’ve thought that Valentine’s Day could be dangerous for employers? Alas, the day is built for lovers
— and sometimes the boss is trying to do the loving. Not good.
Last year, I recapped the dangers of the holiday for employers. It’s one of my popular posts so I reprint it here.
Beware!
I’ve warned you about the dangers of Halloween and the holiday party, when it comes to employment-related
lawsuits.
Often overlooked is the day for lovers — Valentine’s Day.
There are, of course, a few of you who are scratching your head and thinking “How can that be? it’s a holiday
full of love and romance!”
And therein lies the problem. It seems to be a day that brings out the inner sexual harasser in far too many
instances.
Cases in point:
• So, as an HR rep, a secretary shows you a Valentine’s
Day card she received from her boss that says: “But
somehow it seems only right To say, today of all days,
You’re someone close in thought and heart, Not `now and
then,’ but always.” Suggesting that the employee may
lose (allegedly) some vacation days as a result of her
complaint is probably not the best way to handle the
issue. Gallagher v. Delaney, 139 F. 3d 338 (2d Cir. 1998 .)
• But imagine how you’d handle this one. According to the
court records, “When [the secretary] asked [her boss]
whether he had gotten his wife a Valentine’s Day card, he
responded that he had not but he should because it was
lonely in his hotel room (his wife had not yet moved to
Chicago) and all he had for company was his pillow. Then
[he] looked ostentatiously at his hand. The gesture was
intended to suggest masturbation.” Baskerville v. Culligan
Intern. Co., 50 F. 3d 428 (7th Cir 1995).
• Valentine’s Day cards seem to be a theme too. In one
case, a supervisor gave his female subordinate a Valentine’s Day card, which read “I can’t imagine
loving you more than I do today . . . but tomorrow I will. HAPPY VALENTINE’S DAY, SWEETHEART.”
The Seventh Circuit reversed a district court’s decision that had found in the company’s favor.
Johnson v. West, 218 F. 3d 725 (7th Cir. 2000). In another case, the alleged victim received a large
red Valentine card reading, “On Valentine’s Day, remember — candy is dandy … but sex won’t rot your
