Dating a employee Interactive webcam chat
Are any management employees involved in consensual relationships?
Are there less intrusive means to achieve the employer's goals?
In a consensual relationship between a supervisor and a subordinate, the subordinate often is the recipient of preferential treatment.
Employees have asserted claims for sexual harassment based on the theory that they can't receive the same benefits because they are not "sleeping with the boss." However, most courts have rejected this argument because such a consensual relationship disadvantages both male and female employees equally.
The agreement also confirms and documents that the relationship is consensual and voluntary.
The employer should 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 any inappropriate conduct by the other employee.
In addition, any policy that prohibits co-worker dating should have an exception for employees who are married to one another.
The policy might also be limited to supervisor/subordinate dating, or allow dating between co-workers who do not work alongside one another.
An employer may violate an employee's right to privacy by regulating the employee's private off-work relationships.
The employer is most at risk when trying to investigate and enforce a "no dating" policy by hiring a private investigator to follow the employee around, secretly reviewing an employee's voice mail, or listening in on an employee's office phone line. Consensual Relationship Agreements As an alternative, some employers require that employees enter a "consensual relationship agreement." The agreement, signed by both employees and management, provides that the employees will not allow the relationship to interfere with or impact the work environment.
For example, morale will likely suffer if a company that employs many teenage or college-age employees also imposes a "no dating" policy.
The policy must clearly state whether dating among employees is prohibited or merely discouraged.For example, employees often go to lunch together, may go out for a happy hour drink, or may attend a BBQ or picnic with one another.