Flirting with disaster

“Our hands brushed while reaching for the same stale donut on the break-room table, sending shivers of excitement down my spine. I knew then that she was the one, and we would spend the rest of our lives together.”

OK, that probably isn’t how most office romances start (or end for that matter), but according to a recent CareerBuilder.com survey, love is thick in the workplace air, with 38 percent of workers admitting to dating someone who worked for the same company, and 16 percent saying they dated more than one co-worker.

Management must be taking notice because a study by the Society for Human Resource Management shows 42 percent of employers have a written or verbal policy on workplace romance, almost twice the number that had such a policy in 2005.

Legal experts agree that all employers, regardless of size, should have a formal policy in place that covers romantic relationships in the office to limit the employer’s liability should a relationship result in a sexual-harassment claim or other workplace issue.

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Crafting a policy: The temptation to create a company policy that prohibits employees from engaging in office romance altogether is understandable, but is ill-advised. “Anti-fraternization” or “no-dating” policies can end up creating a whole other set of issues, and can be difficult to enforce.

Instead, employers should craft policies on office romance that define what behaviors are prohibited, and outline the consequences if these rules are broken. Such policies should have the following components:

Full disclosure: Whether the relationship is between a supervisor and a subordinate (which some companies ban altogether), or between two employees who work in different departments, the policy should require that the relationship be disclosed to the human resources department.

Prohibited behaviors: Romantically involved employees should refrain from engaging in certain activities on company property, including trysts, sexually explicit conversations, and open displays of affection, such as holding hands, hugging, or kissing. The policy should also include expectations for professionalism should the relationship come to an end.

Consistent enforcement: Whatever consequences you choose for failure to disclose a relationship or for engaging in prohibited behaviors, make sure you have a uniform policy of enforcement at all levels of the company. If you are going to make termination a possible consequence, then be prepared to terminate any employee for the infraction, should it occur. Inconsistent enforcement of policies could leave you open to claims of discrimination.

Training: Employees don’t always consider the possible ramifications of office relationships (especially if they are caught up in the romance of it all). To cover your bases, conduct training on your workplace-romance policy right along with sexual-harassment training.

Ignoring workplace romance can be flirting with disaster. Take a proactive approach to creating an office dating policy and protect your company from becoming liable in a sexual-harassment suit or discrimination claim arising from the ashes of a flamed-out romance between co-workers. •

Kyra Kudick is an associate editor at J. J. Keller & Associates Inc.

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