Romancing the Workplace
Thank you to all of those people who reached out regarding their workplace woes. I hope my thoughts were supportive. Even though nobody reached out to me regarding romance in the workplace, I decided to appropriately focus February’s article on the subject of workplace romance. For I have most certainly encountered this topic more times than I can remember.
Once upon a time, I used to guest lecture at a medical university to a bunch of soon to be doctors about business risk mitigation. At one point during the lecture, I would say “Do not date your employees.” It was often met with laughter. I would then repeat myself - “I mean it. Do not date your employees. If you do you might as well just write them a check.” The check part usually got their attention.
In the land of the employer/employee relationship, the law infers that the employer has a degree of influence and control over the employee and essentially is in a position of power. This means that when a workplace romantic relationship ends (and most do) the employer is the one that could experience legal repercussions. This is the case even if the relationship was consensual. The inference of a power imbalance also extends to a manager and their direct report. The implication is, the employer is at risk if their manager dates one of the people they are responsible for managing. As a result, many organizations implement policies banning or restricting workplace dating, especially involving supervisors. However and in the state of Colorado, these policies must align with Colorado’s lawful activities statute for off-duty conduct, meaning they’re more about preventing on-the-job issues like power imbalances or conflicts of interest.
So what are the potential risks for business owners when it comes to romance in the workplace? Here are some examples of potential risks for businesses: (1) risk of sexual harassment lawsuits; (2) perceived favoritism issues; (3) distractions that result in productivity loss; (4) conflict of interest (personal feelings interfere with professional judgment); and (5) potential reputational harm.
I understand that some of us work very long hours and end up spending more time with our coworkers than we do with our loved ones. I understand human nature and the power of attraction, but romance in the workplace is generally not worth the risk.
If you need any help drafting a policy, I’m here to help.
