Can Employers Regulate Workplace Romances?

A 2021 survey by the Society for Human Resource Management (SHRM) found that more than a third of US workers have been or are currently involved in a workplace romance. This is a 7% increase over 2020.

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Given these relationships are, realistically, going to happen, employers need to limit their liability.  Here are some steps we believe employers should consider to protect themselves, and their employees, from future harassment, retaliation, and favoritism claims:

• Companies should develop a policy requiring employees in a romantic relationship to report it to HR or a high-level executive, particularly if one of the employees in a relationship supervises the other.

• Ensure the policy covers how people who are dating in the workplace should act. It’s important to communicate clear expectations for personal conduct. This should prohibit all dating behavior in the workplace, from physical affection to flirting. Behavior should be professional at all times, without exception.

• The policy should reserve the employers’ right to change a reporting relationship to avoid the potential bias inherent in a consensual relationship and address any concerns a power dynamic could cause any relationship to become exploitative.

• Employers should train employees to report non-consensual advances or relationships they experience or witness.

• Monitor for signs the relationship has changed and remain alert to indications of harassment or retaliation.

• Reserve the right to reassign an employee who is in a romantic relationship with their supervisor to a different supervisor. Before making any moves, evaluate whether the new position and reporting relationship would be equivalent in compensation, responsibilities, and visibility.

• Have romantically-involved employees sign the policy, confirming that their relationship is consensual and acknowledging their awareness of the company sexual harassment and workplace ethics policies, and affirming their acceptance of the consequences of failing to adhere to these policies.

Working relationships are complicated in general. When you add romance to the mix it becomes a potential liability. Protect your business and your employees by encouraging transparency and professionalism, while providing clarity on acceptable and unacceptable behavior and the rules on reporting relationships.