By Lenora Plimpton
Issues with romantic relationships at work can arise at the speed of sound, but don’t panic. It may seem like a trouble that can’t be named, but employers can and should implement a romance in the workplace policy. You’ll want something just like this.
Policies can fall into four basic categories:
1) Prohibition. This often works for smaller organizations where any romantic relationship could create complications, but may feel overly restrictive to some. With a prohibition, you also run the risk of losing valued employees, or enforcing the policy inconsistently (which creates its own legal risks).
2) Supervisory restrictions. These policies prohibit relationships between supervisors & direct reports, recognizing that unequal power creates inherent risks. For example, in a quid pro quo sexual harassment claim, a supervisee will assert that submission to sexual and romantic advances was made an implicit or explicit requirement of the job. These cases turn into a “he said she said” & are hard to defend.
3) Department-level restrictions. These types of policies restrict relationships within the same team or unit where daily collaboration could be compromised. This policy can be easier to work around—for example, employees can be transferred to different departments. Take care to avoid stumbling into claims when people get moved, however. (Hopefully I’m impressing upon you how complicated and difficult these issues can be in a workplace!).
4) Full permission with protocols. These policies allow relationships but require disclosure & sometimes written agreements. A written agreement may ask employees to certify that their romance is entirely consensual and acknowledge the anti-discrimination and anti-harassment policies.
Requiring employees to disclose relationships serves multiple purposes: it allows for proactive management of potential conflicts, creates transparency, and can provide legal protection. Some organizations go further, requiring acknowledgment that relationships are consensual. This is a documentation strategy that can help prevent future harassment claims. The best policies emphasize that workplace relationships cannot interfere with professionalism. This means no public displays of affection, no preferential treatment, & maintaining respect for colleagues who might feel uncomfortable. For management, the bar should be set even higher.
Romance in the workplace can rapidly get into complex legal territory. If you are considering implementing a new policy, make sure to have an experienced employment attorney review it. Many states have different laws: this is not the time to DIY.
Business leaders, if you can get out ahead of this, you just may find yourselves gazing peacefully at that sky full of stars, safe in the knowledge that you won’t be facing a legal claim (or a high profile resignation) any time soon.
This post is available for informational purposes only and is not considered legal advice on any subject matter. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.
