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Love Don’t Cost a Thing — Except Maybe a Lawsuit

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Tammy Lamary-Toman is Labor & Employment Counsel for the Manufacturer & Business Association’s Legal Services Division.

In the spirit of Valentine’s Day, I thought we would discuss the topic of office romances. It is probably not surprising that romances often occur at the office as it is where we spend nearly a third of our adult lives. Even though employers may not be aware that romance is in the air, or that it is occurring, one thing is for certain: office romances can be a headache for employers.

State and federal anti-harassment laws require employers to take all reasonable actions to prevent unlawful harassment in the workplace. The possible claims that can arise from an office romance are nearly endless. An employer could face claims of sexual harassment and retaliation from an involved employee after a relationship ends. Other workers who perceive favoritism at play might bring hostile work environment claims.

So how can you protect yourself as an employer?

Focus on conduct (and misconduct) instead of the relationship. Doing so can help an organization avoid the litigation expenses soured office romances can cause. Companies may want to steer away from addressing office romance in their employee policies (except in the case of a supervisor and a direct report).

Instead, employers can look at workplace romances as an opportunity to educate employees about the organization’s anti-harassment policy. Train employees about what is and is not suitable workplace conduct between employees. Remind employees that even though office romances are not forbidden, the company expects professional behavior regardless of the relationship between employees. Inform employees that unprofessional behavior following an office relationship is not acceptable, and will lead to discipline, up to and including termination.

For information on “love contracts” for your workplace, contact the Association’s Legal Services Division at 814/833-3200 or 800/815-2660.