Workplace Romance: Legal Implications and Employer Protection
Workplace relationships, particularly romantic ones, are common but can pose legal risks for organizations such as favoritism, harassment, EEOC claims, privacy issues, and workplace violence. The #MeToo Movement is prompting employers to reassess their approach to managing employee relationships. Small businesses face unique challenges in handling relationship fallout and harassment issues. Employers can mitigate risks by implementing love contracts to regulate workplace romances.
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LOVE CONTRACTS IN THE WORKPLACE C. W. Von Bergen Southeastern Oklahoma State University
SHRM Survey Addressing Workplace Romance SHRM Survey Addressing Workplace Romance 57% percent of employees said they engaged in a romantic relationship at work 30% say they dated someone in a higher-level position than their own 22% have been involved in a romantic relationship with their boss 12% of all managers married someone they started dating at work 12% of those who reported dating at work resulted in marriage Many workplace romances are sincere, love-motivated, long-term relationships as opposed to short-lived flings Nearly 22% of U.S. married couples met at work
However However Sometimes things go sour in workplace romance if there is not a fairy tale ending which may result in the potential of legal liability for an organization Accusations of favoritism Sexual harassment claims EEOC claims Confidentiality and/or privacy issues Workplace violence
The #MeToo Movement and Similar Women s Empowerment Campaigns are causing many employers to reconsider their views and practices related to employee relationships, specifically dating relationships, and the extent to which organizations should take steps to monitor or manage them.
Sexual Harassment Issues are Particularly Troublesome for Small Businesses A large company may find it easy to handle a couple whose relationship has ended. They can easily move them around to avoid any conflict. However, a small company may be damaged by the fallout of a relationship. Capital is often limited and time, talent, and money diverted to issues about workplace romance and possibly sexual harassment are especially problematic.
Employer Protection Employer Protection One way for an employer to protect its legitimate business interests in maintaining a productive and efficient workplace free from harassment is to have the employees sign a love contract which is designed to manage romantic relationships in the workplace
consensual relationship agreement) Love Contract Love Contract (legal term legal term consensual relationship agreement) essentially memorializes the consensual nature of the relationship and protects the employer from future harassment claims in the event that the romantic relationship ends and that the individuals will not sue the employer for harassment sets guidelines for appropriate and professional workplace conduct can further reinforce the employer s discrimination, harassment and conflict of interest policies and may require that the employees submit any workplace disputes to arbitration
Whats at Risk? What s at Risk? As with prenuptial agreements, employees in the first throes of a relationship may be so caught up in the positive aspects that they fail to see the potential for risk down the road. That risk, though, is real.
Love Contract Love Contract The contract can be brief--simply a signed document stating that a couple is in a consensual relationship with a promise to inform the employer if their status changes. The notification of a status change is critical. It protect employers from claims and allow the employer to manage any behavior that could be construed as harassment after a relationship ends. If the employee doesn t notify management that a relationship has ended, the employee can t claim that the company did nothing to protect him or her in the event of harassment
Love Contracts may Decrease Risk of Sexual Love Contracts may Decrease Risk of Sexual Harassment Lawsuits but Is Not a Cure Harassment Lawsuits but Is Not a Cure- -All Such an agreement might help refute sexual harassment litigation since the employee making the claim entered the relationship voluntarily Used by executives when they engage in personal intimate relationships with co-workers to address possible sexual harassment claims after the employee has filed a lawsuit against the employer When a workplace romance fails, one employee (often the subordinate employee in the case of a subordinate/supervisor relationship) may claim to have been pressured into the relationship All
