How to Handle Office
Romances
Office
romances are not going away. Countless surveys show that employees continue
to have relationships with other employees at work. However, employers are
often still at a loss as to how to handle the issue.
Workplace Romances Are Not Uncommon
A
poll by HotJobs found that 51 percent of
respondents had dated a co-worker with 19 percent responding that they
would if the opportunity came along. Other surveys show even greater
acceptance. OfficeClick.com reported findings that 66 percent of employees
know of relationships that developed on company time, with 29 percent
responding that office relationships are "perfectly appropriate and
fun." More troubling is a 2005 survey by Vault, Inc. that showed 19
percent of respondents had dated a subordinate, and 14 percent had dated a
superior.
HR Not Happy
While
office romances may not be uncommon, surveys show that management is not
too happy about the issue. A survey by the Society for Human Resource
Management and CareerJournal.com found that 81 percent of human resource
professionals and 76 percent of executives felt that workplace romances
were dangerous because they could lead to conflict within the organization.
The
largest concern is fear of sexual harassment lawsuits, and the lawsuit
potential is real. The biggest risk is posed by supervisor-subordinate
relationships. In California,
an employer will be held strictly liable for sexual harassment by a
supervisor, even if the employer did not know or have reason to know the
harassment was taking place. When the relationship ends, claims of
harassment may arise. The subordinate may claim he/she was denied
promotions, job assignments or retaliated against by the supervisor.
In
addition, the supervisor/subordinate relationship may lower morale in the
workplace and lead to claims of unfair treatment brought by other
co-workers. Currently, the California Supreme Court is reviewing a case
brought by two women who allege that their co-workers were shown favoritism
because of their sexual relationship with the boss. Mackey v. Dept. of
Corrections, 105 Cal.App.4th 945, rev.
granted, 133 Cal.Rptr.2d 323. The case was brought by two former female
state correctional officers who sued for sexual harassment and sexual
discrimination when other female employees who had had affairs with the
warden were given preferential treatment, including promotions, for which
they were allegedly not qualified. The women also complained they were
retaliated against for complaining about the relationships.
Be Proactive
The
fact is that office relationships are likely to happen. Employers must
decide ahead of time how they want to deal with office relationships.
According to a survey by the American Management Association, many
companies have policies about dating. Only 11 percent of respondents said
their companies banned employee dating. More than 90 percent said their
companies only prohibited relationships between subordinates and superiors.
Having
a written policy that is uniformly and consistently applied is critical.
Employees need to be clearly informed of the company's expectations. Having
a policy in place can help reduce the risk of sexual harassment claims. The
policy also can encourage employees to give management official knowledge
of the situation, thus allowing the company to watch for and minimize
problems. Moreover, a written policy gives managers and employees a
mechanism to deal with the situation fairly and equitably.
Take Into Account Limits Imposed by California Law
In
California,
privacy rights may limit an employer's inquiries into an employee's
off-duty activities, unless the employer can show a direct conflict with
business interests, such as liability issues, work performance or morale.
In addition, California
employers are prohibited from discriminating against employees on the basis
of lawful conduct that they engage in during non-working hours. (Labor Code
section 96, 98.6.) Again, there is an exception where there is a direct
conflict of interest. With supervisor-subordinate relationships, employers
in California
may argue that because they are strictly liable for sexual harassment such
relationships pose a clear conflict of interest.
What Should Employers Do?
Employers
in California
should consider enacting several types of policies to get at the issue of
office relationships:
- A zero tolerance
sexual harassment policy distributed to all employees is clearly
crucial. A signed acknowledgement that the employee has received and
read the policy should be retained. The policy should give examples of
prohibited conduct and describe the mechanism for making and resolving
complaints.
- A conflict of
interest policy is also crucial. Employees should be informed that
they must avoid situations involving actual or potential conflicts of
interest. Employees should be told that supervisor-subordinate
romantic or personal relationships pose a conflict of interest for the
company because they affect morale, productivity, good business
judgment and because they may increase the company's risk of
liability. Individuals involved in relationships that pose an actual
or potential conflict of interest should be required to bring the
relationship to the attention of management. Failure to abide by the
policy should be grounds for discipline.
- Employers should
also have a policy that provides that off-duty conduct that interferes
with the employer's legitimate business interests, or the employee's
ability to do the job, is not allowed.
- Employers may also
want to consider a consensual relationship policy, stating that consensual
relationships at work are discouraged because of the potential
problems with morale, productivity and liability. The policy should
state that employers are concerned that consensual relationships might
violate the zero tolerance sexual harassment policy. The policy can
require employees to notify management of the relationship and sign an
agreement stating that the relationship is voluntary and consensual;
that the employees will act professionally at all times while at work;
and that they will abide by the sexual harassment policy. Employers
should consult competent labor and employment counsel before drafting
such policies.
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