Here’s a fun fact: Of the top three places where prospective partners meet, the first is college, the second is at a bar and the third is at work. While that information may be of help to those who are immersed in the dating scene, employers should take note.
While they may try to dissuade or even prohibit it, the fact of the matter is that there is a high probability that workplace romances will occur. And with those romances come the potential for some tricky management issues. Consider the following statistics from Women’s Health Magazine about workplace dating:
- 72 percent say they would be open to dating someone in the workplace
- 20 percent of workplace romances that result in marriage
- 15 percent of women in workplace relationships have dated their boss
- 10 percent of men in workplace relationships have dated their boss
- 12 percent of U.S. companies that have a policy on dating in the workplace
- 9 percent of U.S. companies prohibit their employees from dating each other
The Liability Issue
When we are talking about dating in the workplace, liability is the real issue — particularly if a workplace relationship ends in a bad way. The worst scenario is that the employer would have to deal with allegations of sexual harassment and associated legal consequences for the company; however, even short of that, a soured relationship could complicate an unrelated employment action such as a termination, demotion, poor performance evaluation or a change in schedule or pay — particularly if the affected employee seeks to link the action to a failed romance with another employee.
Even in cases where a workplace relationship is goes well, other co-workers could allege disparate treatment regarding employment practices, decisions and actions that affect them. It is not uncommon for an employee to get to litigation by claiming disparate treatment in cases were a co-worker in a romantic workplace relationship is perceived to receive better treatment from the manager.
Best Practices
Given that workplace relationships are likely to happen under any circumstance, what should an employer do? First and most importantly, there should be a clear policy covering familial and dating relationships in the workplace — the purpose of which is to ensure that there is no conflict of interest or activity which may influence (or appear to influence) the ability of an employee to perform his or her job.
A best practice is to ensure there are no direct reporting or supervisory relationships involving family members or dating partners — either of which has the potential to seriously compromise the organization and put the company at risk.
Some employers have a notification policy that requires their employees to self-disclose when they enter into a dating relationship, which may help protect the company later if sexual harassment claims are filed. Some companies even go as far as to have the couple sign a “love contract” — an agreement that establishes workplace guidelines for dating or romantically involved co-workers.
Such contracts establish the fact that the relationship is consensual and is aimed at limiting the liability of an organization in the event that the romantic relationship ends. Of course, any measure or policy should be reviewed by your corporate counsel or HR representative to ensure they are well-written, accurately reflect what you want the message to convey and be clearly communicated to the workforce. A no-dating policy or love contract, in conjunction with a strong sexual harassment policy and the establishment of effective reporting and investigation procedures will go a long way to protect the company from litigation.
Another recommendation is to require that all employees attend sexual harassment training and sign certificates of completion to prove they are aware of the company’s core values and expectations for respectful behaviors.
Given the statistics, if you manage of workforce of almost any size it is quite likely that at some point you will discover a budding romance among two employees. Now is the time to ensure that everyone involved in the relationship — the couple, the workplace and you — is prepared.
Claudia St. John is President of Affinity HR Group and a Strategic Partner of the HRGroup, a provider of Human Resource support services, including hiring practices, compensation programs, talent development and more. For additional info, or to suggest a topic for a future article, please email [email protected].
