As far as boss versus employee, thats a different story. In this case, the issue is not sexual harassment but rather the issue is conflict of interest. For example, a parent who teaches at the university can't have their kid taking their class since then there would be a conflict of interest in how they grade it. For the same exact reason, boyfriend/girlfriend relationship or husband/wife relationship between the teacher and the student is not allowed either.
But I am talking about something else. What if you have two employees on the same level. In this case, yes, the relationships are allowed. For example, in my department, there two married couples. All four of them are professors, and they are at the same level, so no conflict of interest is there.
However, despite this, the sexual harassment at a workplace can occur between people at the same level too. So lets compare two situations:
Situation 1: One of the professors in the department offers qui pro quo to the other professor that involves sex
Situation 2: Two professors in the department married one another
In the Situation 1, there is no harassment, in the Situation 2 there is. Why? Because Situation 1 is not qui pro quo.
Yet now I am being told that actually marriage IS qui pro quo. Hence the reason I have those questions.
This makes no sense at all. Conflict of interest has nothing to do with it. I've willing to bet I've had more sexual harassment training than you. A LOT more. The problem is the differential of power, the unwanted nature of the advance, and the hostile workplace environment.
The differential of power is because a superior can make your life miserable if you don't comply. A person at the same level could offer help with a difficult project in exchange for sex, and that person would have attained a position of relative power to the other person. Their cooperation is necessary for the other's employment performance.
The unwanted nature of the proposition is obvious.
If the proposition is acceptable, there will never be a complaint filed. It does leave the one making the proposition in a precatipus position because they are vulnerable to the complaint being raised in the future.
"Hostile" workplace environment is a a problem because it depends on the worker's opinion. Some women will be offended by a poster of a pinup girl in a bikini, others don't care, and others might like it. Ambiguity in law is always bad, and so is law enforcement based on someone's subjective feelings. Grey areas keep people from behaving legally out of fear of someone else's thoughts. It enshrines the heckler's veto.
At the other extreme, someone might be catcalled and constantly subjected to sexual innuendos and unwanted contact, and almost nobody likes that, male or female. Not a lot of problems there.
Case number one is clearly illegal if the
quid pro quo is one of sex for work activity. However, a case will never be filed if the proposition is acceptable.
Case number two is just as illegal if the proposition is one of sex for assistance at work. There's no exception for marital status. It would be extremely unlikely to happen if the marriage weren't otherwise sexless or for charges to be brought unless the couple was unhappy in the marriage.
Marriage is always quid pro quo and cannot be other. It's a contract where two people establish a legal relationship governing the distribution of assets and support of children; however, it is not an employment contract. It can be a religious institution if you want, but it is always legally secular. Sex isn't one of those things legally required, but lack of it is a common reason for divorce.
It is entirely possible to have all the benefits of marriage without being married. For example, in California we have the concept of "palimony" for unmarried partners who break up, and child support is independent of marriage. The institution of marriage has dramatically declined in perceived value. It hangs on through tradition.