It’s Valentine’s Day, and love is all around us. Many people see February 14 as a day to shower those they love with affection and gifts, whether it’s a heart-shaped box of chocolates or a dozen long-stemmed roses. But what happens when Cupid arrives in the workplace?
What’s Love Got to Do With It?
Like it or not, workplace romances are a reality for many employers. In fact, a Forbes Advisor survey found that over 60 percent of adults have had a workplace romance. Although common, these romances are not without problems as serious issues can arise when workplace love blossoms:
- Stop! In the Name of Love: If an employee is expressing love for a coworker, those actions may be unwelcome and unwanted, particularly if that love is unrequited. For example, an employee has a crush on a colleague and asks her out on a date. She declines, but he persists with his efforts, making her uncomfortable and, ultimately, resulting in a complaint to HR.
- You’ve Lost That Loving Feeling: A consensual relationship between coworkers can also create issues. For instance, if the relationship ends and one employee continues to pursue the other, that conduct could lead to a harassment complaint. Even if the relationship is going well, there can still be problems, such as public displays of affection that make other employees feel uncomfortable.
- The Power of Love: Issues can also arise when a workplace relationship involves a power imbalance, such as a relationship between a supervisor and someone they supervise. This power dynamic can create conflicts of interest if the supervisor is responsible for decisions affecting their partner’s employment. The relationship can also result in favoritism if the supervisor gives preferential treatment to their partner, which can negatively impact other employees and even create a hostile working environment.
Love Is Here to Stay
Workplace romances may be here to stay — but all hope is not lost. Employers can take steps to prevent potential problems and address any that do arise, including:
- Have an Anti-Harassment Policy: California law requires that employers create and distribute a written harassment, discrimination and retaliation prevention policy. This policy should clearly explain to employees what conduct is inappropriate in the workplace, and what to do if they are experiencing such conduct. Consider also having policies that address potential conflicts of interest that can arise in relationships between supervisors and subordinates, and require employees to disclose romantic relationships and sign consensual relationship agreements.
- Train supervisors and employees: California employers with five or more employees must provide workplace harassment prevention training to all supervisors and employees. The training must meet specific requirements, which include being conducted by a qualified trainer, being interactive and covering certain topics. This training helps to ensure that employees understand what is and is not appropriate workplace conduct.
- Have a complaint process in place: If issues do arise, employers need to know. Have an effective complaint process in place and ensure that employees are aware of how to use it (it should be explained in the employer’s anti-harassment policy).
- Promptly investigate complaints and take corrective action: Once a complaint is made, employers must act promptly. Conduct a fair and impartial investigation of any complaints of harassment in the workplace, and take appropriate steps to correct and remedy any inappropriate conduct and prevent future conduct.
- Comply with posting and notice requirements: Lastly, ensure all the required state and federal harassment posters are posted in the workplace, and provide employees with the required sexual harassment pamphlet.
Erika Barbara, Senior Employment Law Counsel, CalChamber
CalChamber members can use the Consensual Relationship Agreement with employees engaged in workplace relationships and read more about Effective Harassment Prevention in the HR Library. Not a member? Learn more about how HRCalifornia can help you.
