Workplace dating policy template
Therefore, the participants in a truly "consensual" relationship cannot prove sexual harassment.
The difficulty for the employer is proving that the relationship was consensual.
No-dating policies generally ban dating between a supervisor and their subordinate.
Employment attorney Anna Cohen, writing in HR Hero Online, suggests that no-dating policies can be problematic, as it is difficult to define exactly the type of behavior that will be restricted. United Parcel Services, the 7th Circuit appellate court upheld a no-dating policy that forbade managers from a romantic relationship with any hourly employee, as long as it was consistently enforced.
Other workers may claim that the subordinate employee received preferential treatment.
If you haven't, then the odds are that you know someone who has.
However, in its opinion, the court also stated that the policy may have gone too far.
Another option is to require employees to report whenever they enter into a consensual relationship.
A supervisor showing favoritism toward his girlfriend is the least of your potential problems, however.
If a relationship between a supervisor and a subordinate or between coworkers ends on a sour note, one of the employees may claim that it wasn’t consensual, that he was sexually harassed, or that she was retaliated against if she receives a poor performance review from her former paramour.
Often, an employee will argue that he or she was an unwilling participant in a relationship that merely appeared to be consensual.