Jerry Seinfeld once quipped: “[d]ating is pressure and tension. What is a date, really, but a job interview that lasts all night?” This could be true when considering workplace relationships. While, such an “interview” may lead to a meaningful relationship—even a life partner—it could also go awry and lead to liability for the employer and employee if there is harassment, discrimination, or “sexual favoritism.” Whether or not work romances or sexual favoritism are legal will depend on the hierarchy of the relationships, facts surrounding the behaviors, the company’s policy (if one exists), and the state in which the relationship takes place.

With all the inherent risks, workplace romances are in fact very popular and pose problems for employees and employers alike. In a 2013 survey by Vault.com, almost 60 percent of those surveyed admitted to having an office romance and 64 percent said that they would do it again.1 It is not surprising that the office has become a major dating scene when one considers that the average employee spends the majority of his day working, once sleeping and eating are taken into account.2