While love is patient and love is kind, love does not necessarily state a claim of employment discrimination. In two recent decisions by courts in the U.S. District Court for the Eastern District of Pennsylvania (coincidentally issued on the same date), the plaintiffs who were engaged in office romances were unable to state viable claims of sex discrimination even when it was clear that the relationship(s) was the basis for the action taken.

Retaliation for Former Relationship

In Whetstine v. Woods Services, No. 21-02289, 2022 U.S. Dist. 12893 (E.D. Pa. Jan 24, 2022) (Slomsky, J.), Tara Whetstine (formerly Tara McFillin) claimed that she was harassed and then terminated in violation of Title VII’s prohibition against sex discrimination. Specifically, Tara began her career with Woods as a bus driver and driver/trainer in 2017. While working at Woods, she began a relationship with the then-manager of transportation, Kevin Whetstine.  Many years earlier, Kevin had been in a relationship with Woods’ vice president of operations, Dawn Diamond. Although they were separated by a layer of management, Diamond was Tara’s ultimate supervisor.

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