If sexual conduct is consensual, can it still be considered sexual harassment?
Yes and no. Although a truly consensual relationship does not amount to sexual harassment, if an employee agrees to certain sexual activity, it does not necessarily mean it is consensual. In some cases, consent is not voluntary, as in situations where an employee agrees to the sexual activity because he or she fears losing his or her job. Likewise, in some cases, sexual activity may start off consensually, but if one employee wants to later end the relationship and the other persists, that can still constitute sexual harassment.