Employees will not engage in public expressions of affection or other inappropriate behaviour in the workplace or at work-related events. Workplace romances can be common given the amount of time people spend in the workplace. But as Neil Sedaka once said, separation is difficult to accomplish. Complaints of sexual harassment and retaliation can arise after the end or anger of a consensual relationship. Employers need to be prepared for these issues in the workplace. A love contract is not perfect. This requires a policy of reporting to the human resources department of the consensual relationship. It also requires reporting to HR when the relationship ends. Employers should also be wary of requests for favor from other employees. Some employers use “love contracts” (also known as “consensual relationship agreements”) to try to create a level of legal protection against sexual harassment lawsuits that may arise. Documenting the nature of the romantic relationship can provide some protection against possible harassment complaints. A love contract can ideally establish ground rules for behavior in the office and strengthen the company`s policies against sexual harassment. Of course, my experience and the results of the survey raise the question: if 35% of employees who have an office romance keep it secret and the majority (or 100% in my experience) of sexual harassment complaints stem from these secret romances, then it is advantageous for employees to sign a consensual relationship agreement.

There may be organizational benefits to employees signing an agreement, but it is not a panacea for preventing lawsuits. For example, the practice of having employees sign such an agreement can give employees and employers a more convenient way to resolve any issues related to appropriate workplace interactions, i.e., if you hold hands in the dining room or kiss in the hallway. [Employee Name A], employed by [Company Name] as [Job Title] and [Employee B Name], employed by [Company Name] as [Job Title], hereby notifies [Company Name] that we have entered into a voluntary and consensual social relationship. LEGAL PROTECTION LAYER: Workplace dating is a fact of life. However, if two co-workers are together, the employer must ensure that it is consensual. When it comes to a situation where it is not consensual, the employer must be aware of the potential for illegal sexual harassment. All of these risks can cause major headaches for companies, so some directly prohibit consensual relationships in the workplace. Such a policy may be present in the company`s employee manual or identified by the company`s human resources coordinator. Other companies can only prohibit consensual relationships between employees of different ranks. In the case of McDonald`s, the company has a policy that prohibits consensual relationships between employees and their direct or indirect subordinates.

Mr Easterbrook breached the directive by admitting his consensual relationship with a subordinate, which led to his dismissal this week. Employers sometimes prohibit romantic relationships between employees in positions of supervision or subordination, given the inherent problems that arise when one romantic partner supervises the other. Another option is to require employees (through strict policies) to inform management of any workplace romance. THE LOVE CONTRACT COULD HELP REFUTE CLAIMS THAT THE EMPLOYEE HAS BEEN PRESSURED: If and when a romance ends in the workplace, an employee can claim to have been pushed into the romantic relationship in the first place. A love contract, if signed after the relationship begins, could help refute such unfortunate claims, as it provides written evidence that the employee making the claim voluntarily entered the relationship. In other words, a love contract could potentially reduce the risk of illegal harassment for the employer. So much has been written lately, both in gossip columns and in legal (and standard) news about sexual harassment in the workplace. Employers are naturally quite nervous when it comes to going out with colleagues. Can there be legal proceedings? When does sexual harassment get worse? What should an employer do? Intimate relationships between colleagues are common in any workplace. In a 2017 survey, 57% of respondents said they participated in an office romance, so it`s no surprise that employers want to make sure the status quo in the office is maintained.

One way to do this is to implement a so-called love contract – a relatively new type of document that records a consensual and voluntary relationship between two employees. For the reasons I`m going to discuss below, I`m not sure that two employees who sign this type of agreement really reduce the risk of a sexual harassment lawsuit by one of the employees involved in the relationship that we are all on the same page before sharing my thoughts, Here`s an example of a consensual relationship agreement: The agreement usually includes a reminder to employees to contact in case sexual harassment or conflicts of interest become an issue. We recognize that [the Employer] is committed to creating a workplace free from harassment, discrimination, conflict of interest and favouritism, and that [the Employer] does not tolerate any undesirable or offensive behaviour, behaviour that creates a hostile work environment or sexual harassment. We have read and understood [the employer`s] anti-discrimination and anti-harassment policies. If applicable, any dispute arising out of the company relationship or this Agreement will be resolved by arbitration. But even without applicable policies or “love contracts,” a company may decide to fire an employee because the employee has entered into an amicable relationship. To the extent that such dismissals are in fact discriminatory on the basis of the employee`s sex or other categories protected by federal, state or local law, such dismissal is unlawful and subject to the employee`s legal process. However, without the employee`s contractual rights to employment or discrimination, such dismissals are generally legal. MUST HAVE A STRONG SEXUAL HARASSMENT POLICY AND APPROPRIATE TRAINING: While documenting the consensual nature of a relationship through an agreement such as a love contract may prove useful, it is not a substitute for a strong sexual harassment policy, appropriate sexual harassment training, and a strong and immediate enforcement program. Love contracts are an additional tool that employers can use to prevent complaints of sexual harassment. A love contract offers the couple the opportunity to be transparent about their relationship (rather than hiding it during work). It also helps employers protect their employees and remind them of any workplace policies that may affect them.

Regardless of how a company decides to approach the issue of consensual relationships in the workplace, best practices require the company to consistently apply all policies to all employees. In addition, all companies should organize training on the prevention of sexual harassment for their employees. Such annual training has become mandatory this year for almost all employees and contractors in many states, including New York City. With the help of these prevention strategies and the consistent application of a company`s policies, employees can make more informed decisions about the relationship with colleagues, including the parameters and potential risks associated with such relationships. .