[MRM]

First of all, all cases boil down to a question of proof, so this is no different. Proving the affair and preferential treatment will be proven the usual way - through depositions, interviews, phone records, credit card slips, expense accounts, etc. From a question of proof perspective, this is an easy case to prove. Messy and unpleasant, but easy. They'll probably admit the affair if the administration asks. How can they hide it I'd it really is taking place? Preferential treatment is shown through employment evaluations, comparing pre-affair to post-affair assignments and evaluations of everyone in the department followed by an independent audit of the HR records and employment practices of the department. If what she says is real, it won't be hard to prove.

From a legal perspective, what she complains of is a variation on what the EEOC calls quid pro quo sexual harassment. This is when a superior receives sexual favors from a subordinate in exchange for preferential treatment - quid pro quo. In essence, the people who aren't providing sexual favors to the boss are in the same legal position as someone who the boss hits on, turns him down, and gets retaliated against. If that person gave the boss sexual favors, she could expect to receive favorable work treatment - the quid pro quo. Also, since work favors are somewhat a sum zero game, the person exchanging sex for favors is taking opportunities away from everyone in the office who isn't sleeping with the boss. So it's a form of sex discrimination that gives everyone in that departmwnt, male and female, a cause of action.

This is part of Title VII, a federal law, and has been adopted by every state; it is a universal rule of US employment law. It is not per se illegal for supervisors and subordinates to have sexual relationships, and it is certainly permissible for them to get married, but all of that has to be disclosed to the big boss and the company has to take special care to have safeguards in place to make sure the supervisor isn't giving his wife special treatment.

She will certainly experience some degree of blackball from the old boys network. That is what the old boy network does. She will have to prepare for that retaliation as the investigation goes on an anticipate some behind the back stuff wherever she works in the future. That's why a public sector employment specialist is so important. He can help gameplan the entire process, both legal and practical.