WORKPLACE LAW -
Workplace_Romances
Question:
I've heard a lot recently about workplace romances and how disastrous they can be for employers. Is this really such a big problem? And if it is, what can employers do about it?
Answer:
Workplace romances can be problematic for many reasons, and can actually create an area of potential legal liability for employers. Problems associated with romantic relationships at work can range from personal clashes, hurt feelings, and tension, to issues related to unlawful discrimination and sexual harassment.
Even though the problems associated with workplace romances are very real, from a practical standpoint it is virtually impossible to prevent employees from dating one another. This is particularly true because of the long hours that today’s employees spend at work, and the amount of time that they therefore spend with one another. Out of necessity, the workplace has become a social environment where many individuals form the majority of their significant relationships, including romantic ones. Because of this, it is very important that employers be aware of the pitfalls associated with employee romances, and that they be prepared to handle the types of problematic situations that can arise.
In addition, while California law does not permit employers to restrict peers from dating one another, it does allow for non-fraternization policies that preclude dating between supervisors and their subordinates. This is due primarily to concerns about confidentiality and potential conflicts of interest, though such a policy will also help to prevent the more commonplace problems discussed in this article.
One common problem seen by employers arises when a legitimate business decision such as a negative performance evaluation is viewed as retaliation by someone’s “ex,” even if its content is warranted. Similarly, employees who were once romantically involved with a supervisor may feel that they are being picked on or singled out from their coworkers following a nasty breakup, which can lead to a claim for discrimination. Another common problem arises when a breakup is not mutual, and one party continues to pursue the other, even though he/she has made it clear that they consider the relationship to be over. This situation can quickly lead to a claim of unlawful sexual harassment if it is not handled properly.
It is not just the relationships that end badly that can cause problems, however. A successful workplace romance can create jealousy and resentment for coworkers who feel that a coworker’s paramour is being favored or shown preferential treatment. Situations such as this one can lead to claims of sexual favoritism (which is actionable as a form of sexual harassment under California’s Fair Employment and Housing Act), and claims of discrimination by those who feel they are being unfairly treated.
If you are a manager or business owner, the following checklist will provide you with a guide to identifying problems, and to avoiding liability associated with workplace romances:
- Avoid inappropriate questions about employees’ dating or sex lives, and ensure that other employees observe the same courtesy, and respect for one another’s privacy.
- Be aware that a romantic relationship between employees can be problematic, and that the work environment should be closely monitored to determine whether such a relationship is, in fact, causing problems.
- Realize that positive things that occur in the workplace (such as promotions, positive evaluations, etc.) can be perceived as favoritism when there is a romantic relationship between the parties involved. This is true even if the employee receiving the reward is deserving of it.
- Realize that negative things that occur in the workplace (such as reassignments, disciplinary action, negative evaluations, etc.) can likewise be perceived as being retaliatory, particularly if the parties involved used to be in a romantic relationship with one another. Once again, this situation can arise even if there is a legitimate business reason for the action that has been taken.
- Dating between coworkers at any level can create an unacceptable work environment that others may find offensive. Employees should therefore be counseled to keep their personal relationships private, and to refrain from public displays of affection that could offend their coworkers. Allowing a sexually charged work environment to exist could result in a claim that there is a hostile work environment in your workplace.
The foregoing list assumes that your business does not already have in place a policy prohibiting romantic relationships between supervisors and subordinates. However, you may wish to consider implementing such a policy if you do not have one. Whatever your company’s policy with regard to employee relationships, however, you should always be sure to enforce that policy strictly and consistently. This will help you to both protect your business from claims of harassment and discrimination, and will also help ensure that your employees know what is expected of them, and what conduct is deemed to be inappropriate in the workplace.
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