Romance in the Workplace

A December 2013 survey by the Society of Human Resource Management (SHRM) found that one out of every four employees admitted they’re currently, or have been in the past, involved in a romantic relationship with someone at work. Clearly, romance at work is commonplace – that’s a real problem. Workplace romance is complicated and poses a real risk for your organization! Love at work means messy breakups, allegations of favoritism, and sexual harassment complaints. Is there anything that an organization can do to mitigate the risks of workplace romances? Yes.


Managers: Absolutely No Romance at Work 

Organizations should prohibit romantic relationships between managers and employees – no exceptions. 

Not only does it show a clear lack of good judgment when a manager becomes romantically involved with an employee, but the manager’s poor decision inevitably creates a host of problems for your organization. According to SHRM’s 2013 survey, favoritism is the most common complaint (84%) resulting from workplace romance. This isn’t surprising. Once a manager becomes involved with an employee, other employees assume that the manager’s decisions concerning the romantic partner are based on favoritism 

(i.e., better shifts, salary, etc.). Sexual harassment was the second most common complaint (78%). A consensual relationship can turn ugly in a heartbeat – love is complicated. Once the relationship is no longer consensual, the organization is at grave risk. The organization is strictly liable if the employee’s claim of sexual harassment against their manager is successful. 

To minimize the risks, our recommendation is that organizations adopt, implement, and enforce a written policy prohibiting managers from getting romantically involved with employees. The written policy should include the following: 

•  A statement prohibiting any “romantic relationship” with an employee. 
• Definition of “romantic relationship” is a relationship that could be reasonably expected to become a close consensual or sexual relationship regardless of the gender or sexual orientation of the employees involved. “Dating” is included in the definition of “romantic relationship”. 
•  A statement prohibiting inappropriate relationships, such as living with an employee. 
•  A statement that violation of the policy will result in discipline, up to and including termination. 

Co-Workers: Romance

How do you manage romance between co-workers? Permitting romantic relationships between co-workers can be a challenge. An absolute ban on co-worker relationships is harder to enforce than the ban on managers; however, there are still several steps an organization can take to discourage workplace romance.

• “Love Contract” – Organizations can require that romantically involved co-workers sign a “love contract”. Simply, the contract provides a written acknowledgment that the relationship is consensual. Does this prevent a sexual harassment complaint? No, because the relationship can become unwelcome at any point. Still, the contract can help outline the employer’s expectations for the employees such as: the relationship cannot interfere with work, the employees are still expected to act in a professional manner while at work, etc.
•  Listen to the “Gossip” – Oftentimes, management discovers workplace romance through gossip or rumors. If you hear about an alleged workplace romance, make sure to talk to the employee’s 
  allegedly involved and get the truth from the source. Remember, if an employer “should have known” about alleged sexual harassment, the employer can be liable.

Consistency is Key

Above all, your organization must consistently enforce any policy – whether written or not – regarding workplace romance. Failing to be consistent can lead to claims of discrimination or retaliation. If you have questions, contact an HR professional or employment attorney.

© 2014 ePlace Solutions, Inc