If your defense to a harassment complaint starts with “well, technically…” you’ve already lost — even if you win the lawsuit.
A recent Sixth Circuit decision, Wargo v. MJR Partridge Creek Digital Cinema, is the latest reminder that “not illegal” is a terrible benchmark for acceptable workplace behavior.
The court held that the manager’s conduct toward a female subordinate — repeated dinner invitations, personal texts, following her in his car, blocking a door during an argument, even grabbing her arm for several seconds — didn’t meet the very high bar for unlawful sexual harassment. The standard is “severe or pervasive.”
Legally, the court may be right. But this case could have very easily gone the other way. A male general manager repeatedly making personal overtures toward a female subordinate, physically blocking her exit and putting hands on her — that’s not a set of facts any employer wants to defend in front of a jury. Had the record been just a little different, or the conduct a little more overt, or the panel a little more sympathetic, this opinion could be telling a much different story.
And from a workplace-culture standpoint, the conduct here is still a giant red flag. Employers get into trouble when they treat the legal definition of harassment as the starting point, instead of the outer boundary of what a court might grudgingly tolerate. “Not unlawful” is not the same as “OK,” and it certainly isn’t “good leadership.”
This case is a gift to employers who pay attention. It’s a reminder to:
- Train managers on professional conduct — not merely “what’s illegal.”
- Act early, before conduct escalates.
- Treat all complaints seriously, even when they don’t check every legal box.
- Foster a culture where employees feel safe raising concerns.
The law sets the floor. Your culture should aim much, much higher.
