John Stossel

Work has always been a good place to find love. It's where Bogie met Bacall. It's where I met my wife -- she worked for "Good Morning America." Since we spend so much time at work, we often get to know one another better than we do in settings specially designed to help us find romance.

 But in an effort to prevent discomfort and discrimination, America's rule makers are piling law upon love-crushing law, striving to sterilize the workplace.

 The latest headline is from California, where this month, the state Supreme Court decided that if you have an affair with your boss, your colleagues can sue.

 The boss in the case, a state prison warden, bent rules and played favorites outrageously to help a junior employee with whom he was having an affair; he had affairs with three different subordinates and once said he "should have chosen" one of the plaintiffs. Should he have been fired? Probably.

 But in letting workers who didn't have an affair with the warden sue the state, the California Supreme Court held that favoring the person you love can count as sexually harassing everyone else. Sexual harassment law is no longer limited to protecting women from unwanted advances; in California, it now protects women from having their colleagues respond to wanted ones.

 Taking its cue from a statement Clarence Thomas approved when he led the Equal Employment Opportunity Commission, the court said: "widespread sexual favoritism may create a hostile work environment . . . by sending the demeaning message that managers view female employees as 'sexual playthings'" or that "'the way for women to get ahead in the workplace is by engaging in sexual conduct.'"

 I see the logic, but consider where it leads. In sexual harassment law, "messages" are not judged by the intent of the people sending them -- they're judged by how others respond. The offended get to decide which speech is offensive.

 "What is inappropriate really exists only through the eyes of the person experiencing it," said Olivet Jones, a $2,000-per-day consultant who conducted a workplace seminar on sexual harassment ABC News videotaped.

 I found it frightening. "So the person who hears it gets to determine if it's offensive?" I asked. "Even if your intention is good?"

 "It doesn't matter, John. If I shoot you dead," she asked, "do you care that I didn't mean to?"

 Shooting equals speaking? There's a difference between bullets and words.

 "No," Jones says. "They have the same power."

 That's a dangerous concept. In a free society, we are supposed to be able to say whatever (or nearly whatever) we want.


John Stossel

John Stossel is host of "Stossel" on the Fox Business Network. He's the author of "No They Can't: Why Government Fails, but Individuals Succeed." To find out more about John Stossel, visit his site at >johnstossel.com. To read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com. ©Creators Syndicate