Keep Cupid Under Control - Office Romance 911!

It's almost Valentine’s Day and love is in the air.  While co-workers might be struck by Cupid’s arrow, employers have to be mindful of the potential for those lovely unions to spark not just fireworks, but also possible harassment claims in the workplace.  Valentine’s Day may present an opportunity to re-educate employees about how to behave if they find themselves becoming involved in an office romance.  This should be part of the EEO/anti-harassment training that employees regularly receive.  Office hook-ups are rife with liability risks for employers.  Here’s how employers can manage them.

Be Proactive  – Continue to communicate workplace policies against sexual harassment.  These policies should also explain procedures for reporting a complaint and the consequences of prohibited behavior.

Problems can also arise when one employee’s affection is not returned. Employees should understand that it’s probably permissible to ask a co-worker on a date, but if the co-worker declines, leave him/her alone.  One person’s view of ardent courtship could be another person’s definition of stalking, i.e., harassment.  Training should address this scenario as well.

Be Aware of Relationships Between Supervisors and Subordinates - These relationships expose employers to great liability.  They can lead to resentment among co-workers who feel that the employee dating the manager gets favorable treatment.  If the relationship doesn’t end well, there may be claims from the subordinate that he or she was coerced or pressured into the relationship or otherwise sexually harassed.

Consider creating a policy that either prohibits these relationships or will modify reporting relationship between the supervisor and employee. If you can’t change the reporting structure, the employer should consider a “love contract” where the supervisor agrees not to be a part of any employment decisions affecting the subordinate.

Be Sensitive to What's Going on in Your Workplace – Even though you might not want to interfere with a personal issue, don’t hesitate to address that "personal issue" if it interferes with the professional environment.  If the effects of the relationship can be felt in the workplace, the relationship may no longer be a "personal issue." Even if the romance is going well, your employees should remain mindful to maintain standards of professional conduct at all times.

Bottom Line

You might be tempted to try to prevent potential problems arising from office romances by prohibiting office romances, but that won’t keep these relationships from happening.  You’ll just be stuck with having to enforce or ignore an unmanageable workplace policy. Also, you really don't want to be the Love Police!!  Remember these takeaways instead:

• Review your EEO/anti-harassment policies to insure that they are up to date.  
• Continue to train and educate your employees on appropriate workplace conduct and anti-harassment policies.  
• Make sure that you have informed your employees what to do if they or a co-worker feels harassed or if they have been subjected to or witnessed inappropriate behavior at work. 

Questions?? Contact me or visit my website.

Workplace Resolutions for 2013!!

2013 is still new,  so you still have time to implement the New Year’s resolutions you made for your workplace.  The new year is time to start fresh, so take a look at your policies.  Are they up to date?  Are they effective?  Have they been communicated to the workforce?  If you haven’t made any resolutions yet, don’t worry.  I have a few suggestions. 

Review Your Employee Handbook   Has it been updated to include changes in the law?  Does it reflect changes in company policies?  The handbook is a powerful document.  It helps establish and therefore should be consistent with the culture of your workplace.  Any disparities between the handbook and workplace practices may be held against the employer.  

Review Job Descriptions  Do they still accurately describe the essential job functions and reasonable expectations for the relevant position?  Updated and accurate job descriptions can be critical when facing Americans with Disabilities Act (ADA), Fair Labor Standards Act (FLSA) or other discrimination claims.  

Review Employee Classifications  Make sure that all employees are treated as non-exempt for overtime purposes unless they fit into a recognized exemption.   Lawsuits alleging employees are being misclassified as exempt or as independent contractors remain a source of litigation for plaintiff attorneys. 

Review Your Social Media and Electronic Communications Policies  Make sure your policy addresses your company’s expectations regarding how employees participate in social media.  In addition, make sure your policies reflect your expectations and policies regarding harassment, confidential information and other acceptable communications. 

Review Attendance And Leave Policies  The ADA and FMLA are implicated by seemingly innocuous language regarding leave, leave without pay, medical documentation and accommodations.  The Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL) and plaintiffs’ attorneys will pursue claims of discrimination or failure to accommodate.  

These a just a few resolutions to help get 2013 off to a good start.  If you have any questions or would like assistance with your review, contact me or visit my website.