Workplace harrassment and dating
With this type of policy, the employees would also have to notify you whenever a relationship ends.For this reason, notification policies are sometimes seen as intrusive. The case, which struck down a Texas law banning consensual homosexual relationships, has been interpreted as upholding the right of all consenting adults to engage in private sexual activity.To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.Every company needs to consider a policy on workplace dating.The possible claims that can arise from an office romance are virtually endless.A subordinate employee may claim that he or she consented to a sexual relationship because he or she was threatened with a demotion or pay cut.Without a clear policy, an office relationship can lead to charges of sexual harassment and legal consequences for the employer.
According to a 2010 survey conducted by Vault.com, a company for career intelligence, 60% of workers have participated in an office romance.Employment attorney Anna Cohen, writing in HR Hero Online, suggests that no-dating policies can be problematic, as it is difficult to define exactly the type of behavior that will be restricted. United Parcel Services, the 7th Circuit appellate court upheld a no-dating policy that forbade managers from a romantic relationship with any hourly employee, as long as it was consistently enforced.However, in its opinion, the court also stated that the policy may have gone too far.Instead of "anti-fraternization" or "no-dating" policies, policies that prohibit sexual harassment and discrimination -- and encourage employees to come forward with complaints -- are encouraged.This way, if an office romance does lead to harassment, the employer will have notice of the problem and be able to take action.
With a notification policy, the manager the relationship is being reported to must also be required not to disclose the information, to protect privacy. Employers could potentially be barred from banning workplace romances as a violation of the employee's constitutional right to privacy.