Review company policies on workplace romance

The American workplace has changed over the years. Women now comprise 47 percent of the U.S. workforce. And, the average number of hours an American works each week has crept higher and higher. As workers spend more and more time on the job, it’s no wonder that both social and romantic relationships develop in the workplace. The latter may be more apparent this month, thanks to Valentine’s Day.

Surprisingly, romantic relationships in the workplace can be beneficial to an organization. If workplace romance progresses smoothly, companies may notice improved work performance in the form of a positive workplace dynamic, improved employee morale, effective communication, and increased creativity.

Unfortunately, relationships do not always run smoothly. Romance in the workplace can be extremely difficult to manage, not only for the lovebirds themselves, but for companies that are concerned that the romance will cause an unwelcome distraction. Even worse for a company, though, is the potential for such a situation to cause a lawsuit — a failed relationship in the office has the potential to turn into a costly sexual harassment suit.

What employers are doing

As a result, some companies choose to create policies addressing workplace romance. Of those with policies, few require employees to refrain from romantic relationships altogether — such a policy can be extremely difficult to enforce. However, many employers are still using policies to outline what is and is not acceptable in the workplace.

At the very least, a company should have a policy defining sexual harassment and establishing a no-tolerance protocol. But, some company policies include agreements stating that an involved employee will not seek an immediate supervisory role over a romantic partner. Others ask employees not to engage in any physical displays of affection in the workplace.

Some employers’ policies go even further by requiring employees to report information about romantic relationships in the workplace. For instance, a policy or agreement might require employees to agree to do any or all of the following:

• Acknowledge when a relationship materializes;

• Acknowledge that the company’s sexual harassment policy

is understood and agree to abide by it;

• Promise to act professionally at all times while at work (both while in a relationship and after it

ends); and/or

• Promise to notify the human resources department if or when the relationship ends. This puts an employer on notice to watch for any incidents of sexual harassment and also identifies the time in which a relationship was consensual.

Beyond the policy

While policies can be helpful in regard to personal relationships in the workplace, it is still important for companies to seriously address any claim of sexual harassment. Sexual harassment training and awareness

programs can help to prevent some claims, but employers who receive a complaint of harassment should conduct a thorough, prompt, and impartial investigation, no matter what the relationship between the parties involved. Katie Loehrke is a certified Professional in Human Resources and an editor with J. J. Keller & Associates, a nationally recognized compliance resource firm. Loehrke specializes in employment law topics such as discrimination, privacy and social media, and affirmative action. She is the editor of J. J. Keller’s Employment Law Today newsletter and its Essentials of Employment Law manual. For more information, visit www. jjkeller.com/hr and www. jjkellerlibrary.com.