Workplace Romance

Author: Beth Zoller, XpertHR Legal Editor

Because an increasing number of workers are entering into romantic relationships in the workplace, it is necessary for employers to monitor and manage such relationships in order to protect their own business interests, maintain a fair and professional workplace and minimize the risk of a lawsuit.

Employers may address these concerns by having comprehensive policies in place, training supervisors and HR on how to deal with workplace romance, instructing all workers on appropriate workplace conduct and setting parameters for dating and close personal relationships at work.

Using XpertHR's various Tools and resources will aid employers in managing romantic relationships in the workplace.

Task

Because permitting employees who are romantically involved to work together opens an employer up to the risk of a lawsuit, employers need to know how to properly manage and monitor such relationships. To aid with this, XpertHR offers the following task:

Manage Employees Who Are Related or Dating

How To

It is critical that employers understand how to manage and monitor dating and romantic relationships in the workplace, ensure proper workplace conduct and minimize the risk of employer liability stemming from such relationships. Employers also need to know how to prevent discrimination, harassment and retaliation. Step-by-step guidance for employers addressing these concerns is available through the following How Tos:

How to Manage Dating and Romances in the Workplace

How to Prevent Harassment

How to Prevent Discrimination in the Workplace

How to Prevent Retaliation in the Workplace

Supervisor Briefings

Supervisors should know how to handle discrimination, harassment and retaliation in the workplace and detect signs of unfair treatment. Superiors should also know what constitutes appropriate and inappropriate behavior. XpertHR offers the following Supervisor Briefings to help supervisors know and understand these topics:

Sexual Harassment - Supervisor Briefing

Discrimination - Supervisor Briefing

Bullying and Harassment - Supervisor Briefing

Retaliation - Supervisor Briefing

Policies and Documents

Having proper policies in place regarding dating and personal relationships, discrimination, harassment, retaliation and conflicts of interest is paramount to protecting employer interests and ensuring proper conduct in the workplace. Additionally, an employer may want to have employees who are dating sign a love contract, which will set guidelines for their relationship and outline the employer's expectations while minimizing any potential for liability. XpertHR maintains the below model policies and documents to assist employers:

Employee Dating and Personal Relationships Policy

Discrimination Policy

Sexual Harassment Policy

Harassment Policy

Retaliation Policy

Love Contract Form

Harassment Complaint Form

Complaint Form for Workplace Discrimination

Employment Law Manual

Understanding romantic relationships in the workplace and the risks it presents to employers is important. XpertHR's Employment Law Manual provides comprehensive information and resources to help, available at the following links:

Employee Handbooks - Work Rules - Employee Conduct > Employee Dating and Romantic Relationships

EEO - Discrimination

EEO - Harassment

EEO - Retaliation

Law Reports

A comprehensive policy prohibiting relationships between supervisors and employees may be valid and enforceable and supervisors who violate such a policy may be disciplined or terminated. XpertHR carries the below Law Report that explores this issue:

Employer Defends Race Discrimination Claim by Relying on Anti-Fraternization Policy

It is important to understand that when a workplace romance ends, it could lead to a claim of sexual harassment. Further, workplace romances can result in claims of favoritism and unfair treatment. XpertHR offers the following Legal Insight that discusses this issue:

Harassment in the Workplace

Blogs

XpertHR's blog series includes a post on workplace romance that explores the myriad issues HR faces when confronting romantic relationships and dating in the workplace:

Not All Wine and Roses in the Workplace

FAQs

What should an employer do when it finds out that a supervisor and another employee are dating?

Should an employer have a no dating policy?

What is a love contract?

Love Contract

Conflict of Interest