Case in Point: Work Romance Sets The Stage for Sexual Harassment Claim

Written by: Crystal M. O'Brien, Esq.

Most of us spend more time at work than we do anywhere else, and a work romance can add more excitement and spice to life than anything else.  In fact, human resource experts estimate that some 40% of white collar employees have flirted or enjoyed workplace romances. But when faced with an attraction to a co-worker, members of management should ask whether the quest for love outweighs the risk of job loss - or worst yet -   rejection, which can result in a sexual harassment claim. This Case of the Month highlights the risk of engaging in an office affair. 

While there are no known victims in this month’s case, fear that there could be presents its own interesting tale. Our characters in point: “Bob” and “Judy,” who have apparently fallen in love, without the consent of their superiors . . . or spouses. Bob is a trusted manager and Judy is his troubled subordinate. Judy’s life challenges are well known to all who work with her. She is involved in an abusive marriage, financially struggling, and Bob has admired her personal strength for some time. As life would have it, the two interlopers decided to chance fate and engage in a tryst that was initially a secret. When the tryst became known to Judy’s husband, life for her and Bob imploded.  Bob was forced to reveal his relationship with Judy to his superiors, and Judy relied on Bob to protect her from having to report to work each day. 

Now Bob’s judgment is being seriously questioned, and Judy’s life drama has taken on added complexities. In short, most would agree - including Bob and Judy – that this relationship was a mistake. Judy is not sure if her vulnerabilities were taken advantage of, Bob lives in anticipation that he will suffer work discipline, and the employer wonders how to address workplace rumors, the strained relations between observing employees and the strained dynamics between the main characters in this situation.

What to do? With an eye towards prevention, adopting workplace policies that discourage on-the-job romances is a good idea. Assuring sexual harassment training is a part of employee on-boarding and required by all, every two years, is another good idea.  Also, establishing Open Door policies which allow employees to share in confidence their involvement with co-workers/subordinates can pave the way for introducing a Love Contract, which acknowledges the romance and clarifies in writing that the relationship is truly consensual, and that both parties are fully aware of the organization’s policies discouraging such romances.

To learn more about how to manage workplace romances, feel free to contact our Labor & Employment Law Department at (800) 899-MMCI (6624) for a private consultation.   
 

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