Can I sue for uncomfortable work conditions?

I work in EMS and two of my Co workers,
one of which is married, the other who
is known for his promiscuity have been
having an affair. When I am on a 24 hr
shift, she shows up at the station
where we for all intents and purposes
live for our 24s and stays for hours
and cooks him dinner and the have this
overly elaborate Public Display of
Affection that is very uncomfortable
for me to have to tolerate. Especially
with my morals and feelings about the
sanctity of marriage. I brought my
concerns to the attention of my
supervisors multiple times with no
response. This last time they said they
would write up a visitation policy
mandating 1 hour at most and they have
no fraternization policy in place. Yet,
still nothing has been done and she is
back here again this week with more of
the same. What can I do? Do I have any
options legally about maintaining a
comfortable working environment?

Asked on May 21, 2016 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless this situation violates the terms of a union agreement, employment contract or company policy, or this situation constitutes some form of legally actionable discrimination (which it does not), then you unfortunately have no legal recourse in this matter. An employer can set (or at least tolerate) workplace conditions as it sees fit. For your part, you can either accept the situation, complain again and risk termination or quit. While seemingly unfair, it is the law.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, there is no  legal obligation to shield employees from other employees' unethical behavior, (semi-)cladestine affairs, or public displays of affection. If your employer chooses to tolerate this (they don't have to: they could take action *if* they wanted), then there is nothing you can do about it. Your discomfort does not give you any enforceable legal rights.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.