by Stephen J. Cabot, Esq. and Michel Lee, Esq. of
Harvey, Pennington, Herting & Renneisen, L.L.C.
Until recently, most companies' policy on office
romance was clear: “No way!“ If a starry-eyed office duo
was discovered, most employers would ask one of them (usually the
employee in the more subordinate position, ie., the woman) to seek
work elsewhere.
The reasons given for snuffing out love's flame
were:
- Workers entranced by an on-the-job paramour may be less focused
on their work.
- The relationship would cause co-workers to waste valuable work
time gossiping about the duo.
- The romance could lead to inappropriate behaviors in the workplace.
- Fear of Title VII sex harassment charges.
But, there are compelling reasons not to have
a broad anti-fraternalization policy:
- Forbidding employees to become romantically involved, as students
of human nature well know, will do little or nothing to prevent
it.
- Prohibition may drive intimacies underground. If employers aren't
aware of an office relationship, they won't be able to respond
to any job-related hazards it may cause. Awareness of the situation
may enable the employer to intervene more quickly and more appropriately
if things get out of hand.
- Employees often resent broad anti-fraternization policies, regarding
them as paternalistic and intrusive. In some cases, employees
disciplined under such policies have sued for invasion of privacy
and violation of state statutes against discrimination based on
marital status.
- Companies that allow adults to fraternize as they see fit can
generate employee goodwill and well being.
- As large numbers of Americans spend longer hours, nights, and
weekends at work, the workplace has become their primary venue
for making new friends and meeting potential mates.
- A work environment that fosters employee satisfaction is more
likely to be one that is conducive to the development of intimate
personal relationships.
- In today's economy, where highly qualified and competent workers
are at a premium, any policy that might force top-notch people
out of the firm is patently counterproductive.
Defining Inappropriate Conduct in the
Workplace
Defining “prohibited conduct“ is a tricky
business:
- Where exactly is the line between platonic and romantic?
- When does going to dinner and a movie technically become a “date?“
- What precise behaviors or feelings will subject employees to
discipline?
- If a couple loves each other romantically, but has not had intimate
sexual relations, does this violate company policy?
- What about people who are sleeping together but remain just
friends?
Click here
for Part 2 on Office Romance.
Stephen J. Cabot is chairman of the Employment
Law & Labor Relations Department of the Philadelphia-based national
law firm of Harvey, Pennington, Herting & Renneisen, LTD. He
is the author of the bestselling book Everybody Wins! Michel Lee
is an associate in the New York office.
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