With the well documented growth in workplace romances, having a policy in place regarding workplace romance makes good business sense.
Under the adage that an ounce of prevention is worth a pound of cure, many firms are beginning to recognize the need for a written policy.
"Given the amount of time people spend in the office, it has become more acceptable to date in the workplace," said Tal Marnin, counsel with the Executive Compensation, Benefits and Employment Law Practice Group of White & Case. "However, real life is not like an episode of The Office and there are major risks and implications for both employees and employers."
- While most companies do not have policies addressing office romances, they should.
- At a minimum, companies should have a policy that prohibits discrimination and harassment in the workplace and an appropriate complaint procedure that permits an employee to bypass the harasser. The policy should be distributed annually to remind employees of the companies’ commitment to a workplace free of harassment and discrimination and to reflect any changes in law. Often employees are given HR policies only on the first day of their employment, but providing an updated policy at the beginning of each year is a smart preventative strategy.
- Companies also should have a policy that prohibits conflicts of interest and, in particular, that prohibits a supervisor from dating a subordinate for whom he/she can influence job decisions such as a salary increase or promotion. These relationships have the greatest potential to cause problems at work -- with the primary legal concern being that a subordinate may claim sexual harassment -- and employers are vicariously liable for the actions of their supervisors.
- Train, Train, Train. Although not required in most states, companies should train their supervisors regarding the companies’ discrimination and harassment policies and any rules regarding office romances. Although it is most important for companies to train their supervisors because of potential vicarious liability, companies should consider training staff employees as well. Live, classroom training is the best method, particularly for supervisors, because of the potential for interactive discussions, but internet-based software can be effective as well.
- Companies must promptly, thoroughly and impartially investigate complaints and take corrective action where appropriate.
"HR departments are not in the business of policing relationships, but at the same time, they need to create a fair environment for all employees. One way to do this is to make sure that company policies are more than just pieces of paper and are actually implemented and enforced," Marnin added.
Below are five prevention tips for employers to minimize problems around office romances. |
