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- No Dating policy? Good Luck with That
- No Dating policy? Good Luck with That - HR Daily Advisor
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This can lead to awkward encounters, and the potential for claims of sexual harassment and retaliation. Retaliation can take many forms: In some states, privacy laws prevent an employer from restricting employee relationships—unless a conflict of interest is involved. A romantic relationship between a supervisor and subordinate provides the potential for a conflict and the opportunity for the employer to require a love contract.
Lieber , an employment law attorney and founder of Workplace Answers. Establish an employee dating policy.
Comments Policy
When designing the policy, choose between full freedom, freedom with restrictions, or freedom with disclosure. No one wants to feel policed, so keep the employee dating policy focused on the specific behaviors that disrupt the office vs. Broadcast your sexual harassment policy.
Have a formal sexual harassment policy posted in the office and included in your employee handbook. Train employees that the company has zero tolerance for sexual harassment, and require employees to sign a document indicating they understand the policy. Additionally, use of love contracts is a way to mitigate risk of sexual harassment liability.
Train managers and supervisors. Every company needs to consider a policy on workplace dating. Without a clear policy, an office relationship can lead to charges of sexual harassment and legal consequences for the employer. Although some companies chose to have no policy on dating, that leaves them open to potential liability if a supervisor is shown to have sexually harassed a subordinate, for example, by giving a poor performance review to a former partner.
To avoid this, companies institute various types of dating policy.
Rules of Attraction
No-dating policies generally ban dating between a supervisor and their subordinate. 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. For example, in the case of Ellis v.
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. Another option is to require employees to report whenever they enter into a consensual relationship. This helps to protect the company from later charges that the relationship was not consensual and constituted sexual harassment.
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. With a notification policy, the manager the relationship is being reported to must also be required not to disclose the information, to protect privacy. You are fully responsible for libelous or defamatory comments.
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No Dating policy? Good Luck with That
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No Dating policy? Good Luck with That - HR Daily Advisor
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