Of course, my experience and the results of the survey raise the question: if 35% of employees who have an office romance keep it secret and the majority (or 100% in my experience) of sexual harassment complaints stem from these secret romances, then it is advantageous for employees to sign a consensual relationship agreement. There may be organizational benefits to employees signing an agreement, but it is not a panacea for preventing lawsuits. For example, the practice of having employees sign such an agreement can give employees and employers a more convenient way to resolve any issues related to appropriate workplace interactions, i.e., if you hold hands in the dining room or kiss in the hallway. “By demanding such promises, the employer benefits from knowing that there has been no harassment so far, and if such harassment develops, the obligation to report it rests directly with those involved,” says Rebecca Winterscheidt, an attorney at Snell & Wilmer LLP in Phoenix. She says that when such contracts are used, it is almost always for superiors – subordinate relationships: “I have never used them for colleagues.” McDonald`s says HR professionals shouldn`t be the ones drafting their company`s love contracts, but rather have them created by a labor and employment lawyer who is familiar with the sexual harassment laws of relevant jurisdictions and laws protecting employee privacy. Employees will behave professionally with each other at all times, even if the social relationship ends. Employees will immediately inform [the employer] if the social relationship ends or if the other employee`s behavior is no longer desired. Workplace romances can lead to allegations of poor judgment, ethical violations, favoritism, loss of productivity, low employee morale, allegations of sexual harassment, and even workplace violence. So it`s no wonder HR professionals worry about the possible consequences when employees go out with each other. This concern has led more and more companies to enter into “consensual relationship agreements,” also known as “love contracts.” Of course, for most employers, the #1 fear is the risk of a lawsuit for sexual harassment. The difficulty for the employer is to prove that a relationship is consensual.

The best approach is to first meet with both employees independently and determine if it is possible that the agreement is not consensual. In particular, you must: [Employee Name A], employed by [Company Name] as [Job Title] and [Employee B Name], employed by [Company Name] as [Job Title], hereby inform [Company Name] that we have entered into a voluntary and consensual social relationship. While romantic relationships are quite common in the workplace, you have reason to worry about employee appointments. We have just learned that two of our employees are in a romantic relationship and that we are not currently using consensual relationship agreements. Although they are not in a supervisor/subordinate relationship, should we still be worried? What should we do? If applicable, any dispute arising out of the company relationship or this Agreement will be resolved by arbitration. Assuming the relationship is truly consensual, it`s a great tool for requiring employees to enter into a “consensual relationship agreement.” The agreement, signed by both employees and management, states that employees will not allow the relationship to affect or negatively affect the work environment, and also confirms and documents that the relationship is consensual and voluntary. It is strongly recommended that the employer attach a copy of the company`s sexual harassment policy to the agreement to prove that the employee was aware of the sexual harassment policy and had the opportunity to report inappropriate behavior on the part of the other employee. If done right, a consensual relationship agreement will make it harder for an employee to claim that the relationship was “undesirable.” In addition, the agreement will raise the question of why the employee did not attempt to stop the harassment by reporting it to management. For example: “The average 22-year-old didn`t worry about who knew what and when. Older employees kept it rather quiet. But it was still quite common,” Olen says.

Surprisingly, however, 72% of companies do not have guidelines regarding romance in the workplace, according to the Society for Human Resource Management`s (SHRM) 2006 survey on workplace romance. “The vast majority of companies don`t have rules about dating, and they should. Of the few [companies] that do this, most are a boss dating a subordinate. If they perceive a conflict of interest or see the relationship as disruptive or potentially disruptive, [HR] should step in,” Olen says. They put HR in an uncomfortable position. Love contracts can put HR professionals in the dry position of keeping track of who is dating whom. “Managing employees` personal relationships is not the best use of their time,” Lieber admits. Conclusion: Employers would be better advised to focus their efforts on creating a culture of compliance and respect in the workplace, rather than requiring employees engaged in open office relationships to sign consensual relationship agreements. Unfortunately, human behavior dictates that there will always be employees engaged in secret office relationships.

These employees are unlikely to declare their secrets themselves and change their behaviour because the employer is used to having employees sign consensual relationship agreements. In fact, such a practice could have the opposite result if these employees continue to go underground in their secret relationship – until, of course, they get angry and one or both employees file a lawsuit for harassment or hostile work environment. Any employee may terminate the relationship at any time without suffering retaliation of any form in the workplace. Love contracts often arise from a politics without fraternization. The scope of the company`s non-fraternization policy determines the scope of a love contract. “In some states, such as California, privacy laws limit an employer`s ability to regulate employee relations unless it is a conflict of interest. A romantic relationship between a manager and a non-executive employee offers the possibility of such a conflict that justifies requiring employees to sign a love contract,” says James J. Romantic and/or sexual relationships between supervisors and directly subordinate employees are prohibited at Duke. Such relationships can have negative consequences, including the filing of sexual harassment charges. Given the fundamentally unbalanced nature of the relationship in which a party has the power to evaluate performance, assign work, change work status, promote staff, provide employment references, or increase salary, the apparently consensual nature of the relationship may cast doubt on the objectivity of the supervisor. Employees may contact a lawyer prior to signing this Agreement.

The parties to the meeting sign contracts stating that the relationship is consensual, explain what the parties must do if the relationship is no longer consensual, and confirm that employees are aware of the company`s policies on sexual harassment and work ethics and understand the consequences of not following these guidelines. .