By: LISA R. WILSON
So, has a co-worker caught your eye? Ooh-la-la. Finding a new lovey is always an exciting time. However, love in the workplace can create serious professional, and legal, challenges. Workplace romance may result in a breach of confidentiality, reduced objectivity, slowed productivity, excessive socializing, preferential treatment, arguing on the job, and possible charges of sexual harassment if and when a relationship goes sour. For these reasons, many companies don’t hire married couples or relatives in the same department. And many employers forbid dating among co-workers – especially among supervisors and their subordinates – and they often have a legal right to do so.
However, there’s always the legal risk that restrictions on dating may infringe on an employee’s right to privacy and freedom from discrimination. Therefore, an employer who disciplines a worker for breaking the no-dating rule should be prepared to defend the action for business reasons. If it can be shown that a person was disciplined for dating someone of another race or for dating a former love interest of another co-worker or supervisor, for example, then charges of discrimination may be filed. An evenhanded approach backed by a written policy, however, can help keep most employers with no-dating policies out of legal trouble. Some companies have policies that allow co-workers to date as long as both parties sign a “Relationship Agreement” release to relinquish liability.
Having said this however, regardless of workplace rules, if two employees are attracted to each other enough—they will find a way to date, among other things. Just make sure that before you ask that doe-eyed little deer in accounting out for a cocktail, if your company policy prohibits co-workers from dating, be aware that you may be jeopardizing your job, and that of your amore’s.
For more information on dating in the workplace, or if you feel your rights have been violated by your employer, contact a Lead Counsel Labor and Employment attorney in your area today.
Lindsey O'Neill is the Director of Legal Content and Strategic Development at LawInfo.com. Ms. O'Neill is a California licensed attorney based in La Jolla and experienced in a wide variety of legal and business matters.
Not to mention having to work together if the relationship doesn’t work out… It can be delicate.
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Lindsey – Great blog! However, in the labor & employment law section you should have more about management’s side of issues. It appears to be disproportionally pro-plaintiff. I am not saying this just because I do management defense —- I also think you’ll get a much broader audience of business owners, H.R. professionals and employment defense attorneys if you are more balanced. A good place to start would be the grossly misnamed “Employee Freedom of Choice Act.” Business groups have used the term “Armegeddon” to describe how they will respond. Keep up the great work!! Joe Marra, Seattle.
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Is an employee allowed to tape or record a conversation that is believed to be confidential
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Is an employer allowed to tape or record a coversation that was believed to be cofidential
It was in the managers office
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Two of my employees were dating and now I want to create a Workplace Dating Policy. I have been reading and gathering all the information I can, however haven’t found the correct word phrasing so that I do not invade employee’s privacy. What do you recommend?
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Lindsey Reply:
July 14th, 2009 at 12:03 pm
Hi Maria. I strongly suggest you contact an employment attorney in your area so that the policy you put in place meets not only your needs in the workplace, but also complies with the variety of legal issues that may be relevant. An attorney would need to assess your company in order to recommend which language would be best not only for your situation, but also which would comply with both federal, as well as your state’s, laws and regulations. You can find an attorney at http://www.lawinfo.com. In these situations, sometimes even small language changes make a big difference if you were to ever be sued. Good luck!
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We have 84 mostly men in a very type “A” job as BLM smokejumpers, we have two situations that have the group as a whole pissed off one married couple who are supervisors. preferintial treatmenthas been aforde them on numerous occasions. The other is a dating couple one is the “crew supervisor” the other a crewmember and not a very good one at that. What do you do?
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