“Office romances pose several potential legal issues for employers, prompting some employers to use "love contracts" to help minimize their liability.

These  "love contracts" should be used to supplement a company's anti-harassment policy, not in place of a well-implemented policy against sexual harassment.

What are the potential legal liabilities of office romances? When a supervisor is dating a subordinate, other workers might claim that the subordinate received preferential treatment in job assignments or pay raises.

Also, if the relationship ends, the subordinate could claim that the relationship was not consensual and that he or she was sexually harassed by the supervisor and/or was the victim of retaliation.

When a dating couple is on the same reporting level, legal problems can also arise. For example, one worker might still have input into the other's performance evaluation or the awarding of bonuses.

Also, when the relationship ends, one worker might create a hostile work environment by giving the other person attention that is no longer welcome, she says.

Given these potential problems and a litigious society, some employers are implementing what are called "love contract" policies, which require dating employees t

A love contract policy should be incorporated into the employee handbook and be "widely disseminated" in the workplace through e-mail and/or a memo announcing the policy, and perhaps even a meeting explaining the policy and why the company is adopting it, she says. It’s also recommended discussing the policy in anti-harassment training programs.

The policy should explain that dating employees have an obligation to tell Human Resources about the relationship. Some employees may be reluctant to do so, particularly if the office romance is an adulterous or same-sex relationship.

To be certain that the policy is applied fairly and consistently, if the company becomes aware of any type of romantic relationship, it is important for someone from HR to approach the couple and ask them to sign a love contract.”

o sign a document outlining expected behavior and specifying that their relationship is consensual.

What to Include in Contracts

There are certain key elements that should be included in love contracts. For example, when employees are on the same reporting level, the contract should contain a statement "that the employees will not seek or accept a position where one reports to the other."

If one of the employees already supervises the other and it is not possible to transfer one of them to another department or worksite, it’s recommended that the supervisor agree "to be permanently removed from any decision-making authority over the subordinate."

In addition, the contract should state that:

• Any dispute arising from the relationship or contract will be resolved through arbitration.
• Employees may want to consult an attorney before signing the contract.
• Dating employees are expected to follow certain guidelines, such as refraining from displays of affection at work or work- related events.
• Either employee "can end the relationship without fear of work-related retaliation."
• Dating employees agree to waive their rights to pursue a claim of sexual harassment for any event prior to the signing of the contract.

 

How to Implement the Policy

·         A love contract policy should be incorporated into the employee handbook and be "widely disseminated" in the workplace through e-mail and/or a memo announcing the policy, and perhaps even a meeting explaining the policy and why the company is adopting it, she says. It’s also recommended discussing the policy in anti-harassment training programs.

·         The policy should explain that dating employees have an obligation to tell Human Resources about the relationship. Some employees may be reluctant to do so, particularly if the office romance is an adulterous or same-sex relationship.

·         To be certain that the policy is applied fairly and consistently, if the company becomes aware of any type of romantic relationship, it is important for someone from HR to approach the couple and ask them to sign a love contract.”