Workplace dating policy template
Are any management employees involved in consensual relationships?
Are there less intrusive means to achieve the employer's goals?
For example, morale will likely suffer if a company that employs many teenage or college-age employees also imposes a "no dating" policy.
The policy must clearly state whether dating among employees is prohibited or merely discouraged.
In a consensual relationship between a supervisor and a subordinate, the subordinate often is the recipient of preferential treatment.
Employees have asserted claims for sexual harassment based on the theory that they can't receive the same benefits because they are not "sleeping with the boss." However, most courts have rejected this argument because such a consensual relationship disadvantages both male and female employees equally.
If done properly, a consensual relationship agreement will make it more difficult for an employee to claim that the relationship was "unwelcome." In addition, the agreement will create a question about why the employee did not seek to stop the harassment by reporting it to management.
When deciding whether to impose a consensual relationship policy, and evaluating what form of policy to impose, the following are some important considerations: Impact: Consider whether consensual relationships have a positive or negative impact on the morale of your workplace.
Definitions: A "no dating" policy must describe what "dating" is.
by requiring termination or transfer) may create sexual discrimination liability.
When enforcing a "no dating" policy, the employer must be careful to penalize both sexes equally.
Often, an employee will argue that he or she was an unwilling participant in a relationship that merely appeared to be consensual.
Even a consensual relationship, if it goes sour, can result in unwelcome advances, stalking, or other predatory conduct.