When romantic relationships develop between employees, concerns about favoritism, conflicts of interest, and sexual harassment may arise. With these concerns in mind, many employers draft policies regarding workplace dating. Here are some guidelines for drafting a policy for your company.
Evaluate options.
Look at your company culture and applicable laws to decide what type of workplace dating policy makes sense for your business. You might have difficulty enforcing an outright ban on all workplace dating. In fact, some states prohibit employers from taking adverse action against employees for lawful off-duty conduct. While these laws may protect employees who are dating outside of work, they don’t prevent an employer from addressing conduct that would impact the workplace, such as favoritism on the job or harassment. Employers may also take steps to prevent and respond to harassment against an employee that takes place outside the workplace.
Develop standards of conduct.
Distribute written policies about your expectations concerning workplace conduct. For example, employers can expect employees to maintain a professional environment and refrain from public displays of affection while on duty and on company premises. Employers can also expect supervisors and employees to avoid favoritism. If you learn that a personal relationship may be disrupting the work environment, investigate the situation.
Implement an anti-harassment policy.
All employers should have a written policy that prohibits sexual harassment and other forms of harassment. The policy should outline the company's complaint process (some states and local jurisdictions even require such policies).
Make clear that you expect employees to abide by the policy during work hours as well as after hours and outside of the workplace.
Define sexual and other forms of harassment broadly. Ban conduct that is prohibited by law as well as conduct that you would consider inappropriate in the workplace and provide specific examples.
Additionally, prohibit any actions where it's expressed or implied that submission to unwelcome behavior will be used as the basis for employment decisions, such as promotions or benefits.
Consider requiring disclosure.
Some employers require that employees disclose their workplace romance to their supervisor or HR. If you choose that route, be clear about what situations need to be reported. With knowledge of the relationship, employers can take steps to help minimize the impact to the business.
Once a relationship is known, consider meeting with the employees individually to confirm the relationship is consensual. Remind them that they are expected to remain professional in the workplace and that their relationship cannot interfere with performance.
In some cases, employers may also consider modifying the reporting structure to avoid a conflict of interest.
Train supervisors and employees.
Several states and a few local jurisdictions, including the locations in the following table, require employers to provide training on sexual harassment.
|
Jurisdictions |
Which employers must provide sexual harassment training? |
|
California |
Employers with five or more employees |
|
Connecticut |
All employers: employers with three or more employees must provide it to both employees and supervisors; smaller employers are only required to provide supervisor training. |
|
Delaware |
Employers with 50 or more employees |
|
District of Columbia |
All employers of tipped employees |
|
Illinois |
All employers |
|
Chicago, IL |
All employers must coordinate compliance with both the Chicago and Illinois training requirements. |
|
Maine |
Employers with 15 or more employees |
|
New York State |
All employers |
|
New York City |
Employers with 15 or more employees must coordinate compliance with both NYC and New York State training requirements. Employers with fewer than 15 employees must comply with just New York State requirements. |
|
Washington |
All hotel, motel, retail, security guard entity, or property services contractor employers that employ an isolated employee |
Most of the requirements apply to both supervisors and employees.
Even in the absence of a specific requirement, it's a best practice to provide training. Supervisors should also receive additional training tailored to their role, including training on how to identify and respond to sexual harassment and how to address situations in which a workplace relationship impacts productivity.
Encourage employees to report unwelcome conduct.
Encourage employees to report inappropriate conduct before it becomes severe or pervasive, whether they are a victim or a witness. If you receive a complaint or otherwise learn of a workplace relationship affecting the work environment, investigate promptly, thoroughly and impartially. Interview the parties involved separately as well as any witnesses. If an investigation reveals that a policy violation occurred, take immediate and appropriate corrective action to remedy the situation and prevent it from recurring.
Take steps to prevent retaliation.
Encourage employees to come forward with complaints without fear of reprisal and provide a process for employees to report retaliation claims. Include anti-retaliation provisions in equal employment opportunity, ethics, anti-harassment, workplace conduct, and other policies, where appropriate. Provide supervisors and HR personnel with training on what types of conduct may constitute retaliation and how to respond if an employee complains of misconduct.
During any investigation, remind all parties that they are prohibited from retaliating against the individuals who complained or participated in the investigation. Follow up with employees to ensure that retaliation isn't occurring.
Conclusion
Policies and training addressing workplace dating and sexual harassment can help minimize the impact of workplace romances. Review these guidelines if you decide to create your own policy on workplace dating.
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