Workplace Romances
A Problem for Employers
Most such romances eventually break up, and then show their dark side: charges of harassment, hostile environment, favoritism and retaliation. Why are workplace romances on the rise? People are marrying later and working longer hours. That keeps available people in close proximity more of the time. Second, work is a "safe" place to meet people - you get to know them over time and, at the least, you know they have a job and the wherewithal to show up for it.
Surveys suggest that four out of five relationships end. That adds up to a lot of discomfort in the workplace.
Workplace Romance Lawsuits
Joseph L. Beachboard, a shareholder in the Los Angeles office of law firm Ogletree, Deakins, Nash, Smoak & Stewart, says three particular lawsuits can result from these liaisons: Participant claims (typically sexual harassment or retaliation claims that arise after a relationship ends); paramour favoritism claims from third parties who claim that they were impacted by the relationship; and spurned lover claims (which also may be harassment or retaliation claims).
How to Avoid Claims
Beachboard recommends the following for employers who want to get out in front of possible claims related to workplace romance.
1. Draft realistic policies, and apply them uniformly
A formal policy should
Prohibit relationships that create an actual or perceived conflict of interest.
Require people to behave in a professional manner, and keep their personal relationships out of the work environment.
Clearly state the potential consequences for violating the policy.
2. Conduct regular training.
Training is a fairly inexpensive way for a company to reduce its exposure, says Beachboard, because one of the first requests both the EEOC and plaintiffs' counsel make in sex harassment cases is for documents concerning the training the employer provided to the alleged harasser and to the employees. Further, employers that can produce evidence of yearly training and a well-disseminated antiharassment policy are in a position to establish an "affirmative defense."
Reprinted from Connections Inc, Employee Assistance Program
