Cupid in the Workplace: Employer Options When Coworkers Connect

According to a survey from the Society for Human Resource Management (SHRM) reported in 2023, more than two in five employees know of someone who is currently in (or has been in) a workplace romance while one in four employees are open to being in one. Although some of those relationships will go the distance, others will not.

Unlike situations outside of work, where couples can go their own way following a breakup, that is not always the case when it comes to workplace romance.  Two people who once loved each other, and may now not even like each other, may still have to work together and have the potential to see each other every day in a respectful and professional manner.

There are several ways employers can reduce the likelihood of awkward arrangements both during a workplace romance and after its potential demise, while mitigating the risk of harassment claims.

First, employers should understand that they cannot prevent workplace romance.  California’s constitution, privacy laws, and protections regarding off-duty conduct protect employees’ ability to engage in such relationships. Moreover, even if that were not the case, it would be impractical to prevent relationships in the workplace. A prohibition would simply cause employees to remain silent, while still engaging in workplace romance, potentially creating more liability for the employer who can only take appropriate action based on what it knows.

However, employers can establish policies that require employees to make them aware of such relationships and allow employers to manage employees in a way that prevents actual and potential conflicts of interest. Such policies address employees’ duty to report relationships, employees’ obligation to abide by anti-harassment and conflict of interest policies, potential changes to reporting structure of employees who are engaged in relationships (i.e., to avoid supervision of a romantic partner), and flexibility for employers to take additional action as appropriate, such as transferring one or both employees to a different position or department to prevent an actual or potential conflict of interest.

In addition to well-defined policies, employers may ask employees who are in a relationship to sign a “love contract,” also known as a consensual relationship agreement, whereby the employees confirm they have voluntarily entered into the relationship, are not being coerced or otherwise pressured into it, and are free to end the relationship at any time; they understand the employer’s anti-harassment and conflict of interest policies and will abide by them; they will engage professionally while employed notwithstanding their relationship or the end of that relationship; and they will keep the employer updated regarding any changes that may impact the workplace, including when the relationship ends.

Finally, if and when a relationship ends, employers can redistribute the anti-harassment and conflict of interest policies, reassess existing reporting structures as appropriate, and collaborate with employees to create practices that will assist in establishing a collegial and productive environment going forward.

While these practices will not prevent heartache when relationships end, nor are they guaranteed to prevent claims of harassment, they establish expectations for both the employer and employees when workplace relationships occur to ensure the best opportunity for success.

This legal update and any use of its information does not create an attorney-client relationship. Nothing contained on this website should be considered legal advice for any specific employer or employment situation. Consult legal counsel before taking any action as a result of information contained herein.