No dating in the workplace policy
She alleged that soon thereafter, Samson retaliated against her by changing the terms of her employment.
Chan informed Samson that she was planning on filing formal charges of sexual harassment and retaliation with the Department of Fair Employment and Housing (“DEFH”) and state court.
Employee Privacy Regardless of any policy about dating in the workplace, an employer ultimately may not be able to prevent two employees from engaging in a personal relationship outside of the workplace.
Also, employees can in some circumstances make arguments that they have an expectation of privacy in their personal off-duty relationships.
Such relationships can have actual and resonating effects on the workplace because of the power inequalities in the positions and the insecurity the relationship may create for other employees, especially those who report to the supervisor.
In one case, the Eleventh Circuit found that a public employer’s interest in discouraging intimate association between supervisors and subordinates was so critical to the effective functioning of the employer that it outweighed the employee’s interest in the relationship.
Employers with represented employees should also remember that they should negotiate anti-nepotism or anti-fraternization policies with employee organizations through the meet and confer process.
Love Contracts In the past, employers would occasionally put “love contracts” into place when they discovered a romantic relationship.
Sexual Harassment If employers do not take swift, proper action upon discovering a romantic workplace relationship, they may be faced with claims of sexual harassment.
With Valentine’s Day just behind us, cupid may have left a few arrows in the workplace. workforce study found that 37 percent of workers have dated a coworker at some point in their career.
People spend a lot of time at work and even more time at office lunches and happy hours, so it is not uncommon for workplace relationships to evolve into intimate relationships. When romantic relationships enter the workplace, the relationship is no longer just between two people, but can affect coworkers, supervisors, and the public.
Samson ended up settling with Chan for ,000 and a favorable letter of recommendation.
() Sexual Favoritism Employers must also be aware of any sexual favoritism that may result from romantic relationships.Employers can seek the affected employees’ preferences for reassignment or use objective standards such as personnel rules, memorandum of understanding policies, or seniority to determine where to reassign the employees.