Valentine’s Day is upon us and companies are experiencing workplace romance at its finest, which is why it is a good time to consider updating or implementing office romance policies. According to a survey conducted by CareerBuilder, four out of 10 workers admit to having dated a colleague during their careers, and 31 percent of those relationships resulted in marriage. The survey indicated that 34 percent of employees have dated a more senior person within the company hierarchy (among which 42 percent have dated their direct supervisor). The survey further showed that 72 percent of employees "go public" with their office romance. While many office romances lead to marriage, others may unceremoniously lead to claims for sexual harassment. Because it is not an uncommon scenario, companies should take proactive measures to avoid love turning into litigation.
Potential Employer Liability
Regardless of whether the relationship involves a supervisor and a subordinate or two co-workers of equal rank, employers are at risk for claims of sexual harassment. These types of claims commonly involve an employee who is subject to continuing advances after the relationship ends. While sexual harassment is the most common legal risk associated with workplace romance, when a relationship involves a supervisor and a subordinate, the employer may be exposed to a retaliation claim, if the terms and conditions of the subordinate employee’s employment changed after the relationship ended. Further, the subordinate may claim that the relationship was never voluntary in the first place.
