Home » Commentary » What Employees Can Learn About Workplace Sexual Relationships from the Coldplay Kiss Cam

Josh Goodbaum: Hi, Amanda.

Amanda DeMatteis: Hi, Josh. What are we gonna talk about today?

Goodbaum: Oh, I want to imagine that you are the CEO of a tech company, and you like rock music, so you go to a Coldplay concert, and maybe you take with you your HR director, who you might be having a – let’s say – consensual but secret extramarital romantic relationship with. And then all of a sudden, before you know it, you’re listening to the wonderful music, you’re cuddling, and then you’re on the kiss cam. And now the workplace affair that you thought was private from your spouses, from your company, and from the world is now known to everybody.

Of course, I’m talking about the Coldplay/Astronomer scandal, and as employment lawyers, we have a lot of thoughts about this. So, Amanda, tell us some of them.

DeMatteis: I have to take a long sigh before I start this one, Josh.

The CEO of Astronomer and his chief human resources officer were caught on a kiss cam in a less-than-ideal situation. But this is something that we deal with all the time, Josh, and we’ve talked about on videos like this about the real concerns and pitfalls of being involved in a sexual relationship at work, even a consensual one. So, let’s break down what some of those are and remind our viewers on why you may want to think twice before you go down the road of a workplace romantic relationship.

So, a little bit of background in sexual harassment. There are really two forms of it. There’s quid pro quo sexual harassment, which means, ‘Hey, if you sleep with me, I will give you X,’ right? And then there’s just sexual harassment, which is any unwelcome or unwanted sexual conduct – talking, joking, you name it – that makes you uncomfortable in the workplace and interferes with your ability to work.

So, you may say, “Well, if two people are involved in a consensual sexual relationship, none of that’s happening, right?” Wrong. There can be allegations of workplace sexual harassment even from consensual relationships. These things can really change quickly.

Think, for instance, of a CEO and a subordinate. If the relationship goes south and the subordinate starts to say, “You know what, I really felt pressured to be in that relationship in order to continue my employment,” well, that’s textbook quid pro quo sexual harassment, and the employer can be liable for that conduct and the effects from it. Think also, if the relationship ends, either one of the parties might say, “I ended the relationship, and the other person is continuing to pursue me in the workplace.”

These are real issues that can come up, that can be a liability for an employer, and that can cause really significant and severe emotional distress to either of the parties involved.

Let’s also think about it from a practical standpoint. This CEO was making a whole heck of a lot of money. That’s gone, because after an investigation began, he resigned from his position with a company that, from my understanding, he all but started.

Then you have to think of the reputational harm this affair has caused this CEO if and when he tries to seek employment elsewhere — not having anything to do, of course, with the divorce and other things that he’s dealing with on a personal level.

And for the chief human resources officer, she is now subject to an investigation into her conduct. Think about it. There could be policies about this in the workplace where you are not allowed to engage in these consensual sexual relationships with a coworker. If you violate those policies, your employment can be terminated.

So, these are two highly compensated executives that have probably worked very hard in their careers to get where they are, and all of it goes up in smoke like that.

So, you’ve got to really think about these relationships. Think about whether or not it’s worth it from a career standpoint, and understand that you’re taking risk. And if you want to take that risk, don’t go to a Coldplay concert and get caught on a kiss cam.

Goodbaum: Well, that advice maybe feels a little bit targeted, Amanda, to just these two people. But I think more generally, what you’re saying is to think really carefully before you bring sex into your workplace because it can have all kinds of consequences you haven’t thought of, and that applies to all kinds of working people, not just executives at very valuable tech companies.

Thank you all for watching. Thank you, Amanda. We’ll see you next time.

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