The more that there is love in the air, the more that there is a chance a lawsuit occurs. While an employer cannot forever stop workplace relationships, it can find ways to protect itself from any future lawsuits. An employer must and should have strong policies in place for workplace relationships. Employers could consider the following guidance to protect itself from future claims by having: A policy on workplace discrimination and examples on when and/or how workplace discrimination occurs; A policy explaining the risks of workplace relationships; A policy restricting a relationship between a superior and subordinate; An annual training on sexual harassment and discrimination; and/or Guidance and training on the procedure of reporting harassment in the workplace. While this list does not include every action an employer can take, starting with a strong base will help an employer navigate the difficult field of workplace relationships.

An employer must remember that while a workplace relationship may seem innocent, it can have the implication of discrimination, harassment, and/or retaliation as a whole. As an example of what could go wrong: Employee A and Employee B have a romantic relationship. Employee A breaks up with Employee B. Shortly after the relationship ends, Employee A is passed over for a promotion. Employee A’s boss is very close friends with Employee B. Employee A feels they were discriminated and retaliated against because the relationship with Employee B ended badly. Even if unintentional, the Employer now made itself even more vulnerable to employment claims because their employees did not have any training or guidance on workplace discrimination. But, if the Employer had a strong policy focusing on the risks of workplace relationships, and/or other trainings on discrimination and workplace harassment, it could have better protected itself.

An employer must and always be thinking ahead, even if something seems innocent. We are here to help an employer establish these protections and safety nets. Please contact one of our labor and employment attorneys for guidance on any of your employment issues or areas of concern.