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Should companies go further than ruling out dating subordinates? A caveat to this concern is the fact that some in corporate America have been very tough on sexual misconduct. The standard of proof is certainly not the criminal standard—beyond a reasonable doubt—nor does it have to be the standard of civil liability described earlier, as that would require that the employer wait until it was legally liable to act.

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Getting Tough on Sexual Harassment

If the bad conduct was milder and isolated, and if the accused cooperated and expressed regret, a lesser form of discipline, such as a written or oral warning, may suffice. If the person being accused is a leader in the organization, it often zero tolerance policy sexual harassment good sense to bring in an outside expert to conduct the investigation and to give the investigator freedom to do the job right. And the "innocuous" inappropriate jokes may even escalate to obscene jokes, told to a wider circle of employees.

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