Those
relationships tend to have a direct impact on the workplace.
Office affairs are notorious for:
• taking time
away from everyday issues;
• affecting the work routines of co-workers;
• increasing co-workers’ workloads;
• having an adverse effect on the quality and quantity of the
involved parties’ output, which will make co-workers’ tasks that
much more taxing;
• causing other employees to lose respect for the company for
allowing such indiscretions and;
• claims of favoritism, discrimination, sexual harassment, and
retaliation.
In addition, workplace liaisons can also lead to concerns about
information being leaked, blackmail, and financial improprieties.
In a small company, a workplace affair can feel incestuous, but
despite this, numerous affairs start in the workplace. This is
often the case because employees spend a great deal of time working
closely together and friendships naturally develop. Before you
know it, one thing leads to another and love — or a lawsuit — is
in the air.
Here are some examples of love gone legally wrong — for the
employers. Even though some walked away the victor, it doesn’t
mean they didn’t waste a great deal of time and money fighting these
legal battles.
Cupid’s misfire #1: At a company Christmas party, an employee and
her supervisor initiated a six-month affair. After it ended, the
employee claimed she was pressured into it, since he controlled her
performance evaluations. The company issued a warning to the
supervisor and created an agreement, which prevented them from working
together without a third party present. Both were transferred.
The employee later claimed in court that she was transferred because
she complained about the coerced relationship. An appeals court
disagreed. It ruled that, even if the employee had
been demoted, the company’s motivation was not unlawful.
“The fact that two people do not get along after their office
romance sours is not sexual harassment, and an employer’s decision
to split up two workers whose interpersonal problems are impeding the
company’s progress is not retaliation.”
Cupid’s misfire #2: An employee was involved in a consensual sexual
relationship with the company president. When the president’s
family learned of the liaison, he ended the relationship and
terminated the employee. She later said he told her “if he
could not be intimate with her he no longer wanted her around,” and
if she wanted her job back, she should call his wife and “beg” for
it. Instead, the employee sued for sexual harassment. But a
court ruled that she had no recourse, since Title VII protects
employees from unwelcome sexual advances, not voluntary romantic
relationships. It added that the terms “rejection” and
“discrimination” are not synonymous.
Cupid’s misfire #3: Three years after a workplace romance failed, an
employee was terminated. So she sued for sexual harassment and
discrimination. Why? Because soon after her former
partner -- a very senior executive -- learned that she was involved in a new
relationship, he assaulted her with a barrage of questions about her
current paramour, revoked several of her workplace privileges, and
threatened her future with the company. Not only that, but
for months he allegedly encouraged her to end her relationship so she
could renew an affair with him. A jury awarded her $250,000 in lost
front pay, back pay, and punitive damages.
Cupid’s misfire #4: A manager repeatedly asked a subordinate out on
dates, inquired into her personal life, and made unwelcome physical
advances when he was drunk. She rebuffed him, which resulted in
the manager criticizing her work, yelling at her, turning down a
vacation request, and withholding a raise. The employer launched
an investigation. But when interviewing witnesses, the questions
focused on the employee’s work, not the manager’s behavior.
The investigating manager also refused to discuss the situation with
the employee over the phone when they could not meet face-to-face.
Ultimately, the accused manager was not disciplined. A court
awarded the woman more than $400,000, because the company failed
to take appropriate action in response to the harassment complaints.
When it comes to creating an office romance policy, there are a number
of options from which to choose. When deciding what type of
policy to institute, make sure you:
1) weigh the
pros and cons;
2) have a legitimate business need for the policy;
3) keep all related information confidential; and
4) share an employee’s personal information only with those who have
a legitimate need to know.
1. Employees may appreciate the freedom, and the lack of a policy does
not automatically support a harassment charge. But you’d be
better off having some guidelines in place that will show a court you
took preventive steps against harassment.
2. Forbid any kind of dating between employees. Have a clear
policy with little room for misinterpretation. Be realistic!
One judge wrote that to require employees to eliminate co-workers from
the dating pool in today’s society “would doom the majority of the
population to the life of a Trappist Monk.”
Also, you may wind up running into problems if employees start hiding
their relationships. Beware of requiring workers to inform you
of an office romance. It may be considered an invasion of
privacy — whether illegal or not, it could cause great damage to
employee morale.
3. Forbid relationships only between supervisors and subordinates.
This policy makes the most sense for preventing claims of favoritism
and harassment without being considered unreasonable by employees.
Just be clear on what the company will do if the situation arises.
Will one party be transferred or terminated? Who? What if
there are no positions available? Who is responsible for alerting
upper management?
4. Have involved parties sign written contracts (aka love contracts).
Such contracts attest to the fact that the relationship is consensual,
thus reducing employers’ liability for harassment claims. The
contracts don’t cover future harassment if the relationship
sours. And anytime you delve into contract territory, you open
up another can of legal worms.
One option: Hold a meeting with the happy couple. Confirm that
the relationship is consensual, and that they understand company
harassment policies and complaint procedures. Document the
meeting.
Bottom line: At the very least, you should have policies in place
covering harassment and retaliation.
Regardless of the type of policy you choose, you should inform
employees about the policy upon hiring, clearly spell out what’s
forbidden or required, and outline the consequences of violating the
policy. Whatever you do, don’t ignore an office
romance because it’s a problem, especially when it’s kept secret.
• Did the
subordinate make it clear to the supervisor that their actions were
unwelcome?
• Did the subordinate complain to management or use the internal
grievance procedure?
• Did the subordinate engage in any behavior that would
indicate that the supervisor’s actions were welcome, such as writing
love letters or initiating meetings outside of work?
There are
warning signs that may be a sign of a potential office romance
problem:
• Employees file complaints about people getting
privileges or not pulling their weight.
• These people are not doing their jobs in a satisfactory manner.
• They have gone from good performers to poor performers seemingly
overnight.
10/23/2007