Questions about individual problems should be addressed to the employment law attorney of your choice.Contact New York Employment Law Letter editors at Sills Cummis & Gross P. Potential legal liability When office romances go well, they can lead to long-lasting relationships.But when love in the workplace goes sour, it may expose the company to potential legal liabilities.And before implementing a notification policy, you must decide on the ramifications for failing to report.Moreover, your policies and practices must be consistently enforced and must not appear to have a disparate impact on any protected classification.
Let’s first consider a total ban on fraternization in the workplace (assuming you can clearly define “fraternization”).
Given the power a supervisor wields over subordinates, it could be very difficult for the employer to establish anything to the contrary.
A subordinate also could claim retaliation if he is given a poor performance review after the relationship ends.
Chain-of-command issues One of the most troubling scenarios of dating in the workplace involves a relationship that forms between a supervisor and a subordinate.
No matter how consensual the relationship may seem, there is always a chance that the subordinate will later claim that he was coerced into the relationship by the supervisor.
Workplace dating policies Some companies may conclude that an outright ban on office dating isn’t the right policy for them.