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In addition to the problem of defining the prohibited behavior, enforcing such a policy is likely a logistical nightmare.
Finally, such a policy may cause qualified employees to quit or seek employment elsewhere. A more balanced policy that is a bit more palatable for employees is to prohibit supervisors from dating employees who are in their direct line of authority. If such a relationship develops, an employer should consider requiring that the person with the most authority move to a different, lateral position, or terminate the supervisor.
This policy can alleviate the fear of job loss from the subordinate who could become a victim of sexual harassment if the relationship with the supervisor fails. This type of policy can also protect against allegations of favoritism or the creation of a hostile work environment and can be implemented in conjunction with other options.
Moreover, such a prohibition is even more important with regards to executives and similar members of upper level management. Because these individuals likely have the authority to take tangible employment actions such as hiring, firing, promoting, reassigning, or changing benefits against employees, their actions can be imputed to the company itself. A complete ban on executives dating employees, and the threat of significant consequences on those that do, should be strongly considered as one individual could render the entire company liable.
Regardless of the specific policy in place, employers must always take any allegation of sexual harassment or misconduct seriously and investigate. Workplace relationships may create a greater risk of such allegations, but regardless of the circumstances, doing nothing should not be an option.
Employers should be proactive in implementing systems and procedures to avoid liability. Employers would be wise to contact an attorney to discuss the need for a workplace dating policy and how to effectively manage employees to promote the business while limiting liability.
If a situation has already developed, you should contact an attorney as soon as possible. Finally, another service we offer is training for supervisors and executives on how to deal with these issues and avoid liability. There are several options an employer should consider: Reliance on Sexual Harassment Policy One option is to rely on a workplace harassment policy, or related policies. Ban on Workplace Relationships Another option is to develop an anti-fraternization policy.
Work with an Experienced Employment Attorney Regardless of the specific policy in place, employers must always take any allegation of sexual harassment or misconduct seriously and investigate. Learn about working hours or fraternization policy. If employees, with over 35 million members internationally.
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Corporate counsel in conjunction with human resources management (HRM) should consider drafting and implementing a balanced dating. Although this policy does not prevent the development of friendships or romantic relationships between co-workers, it does establish boundaries as to how.
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When it comes to workplace dating policies, here are a few basic options:. You can allow it, but never within the chain of authority. Generally, policies cover not only employees, but also contractors, vendors, suppliers, manufacturers, and the like. Even small companies without a formal dating policy generally have—or should have—a sexual harassment policy. Make sure that your HR representatives understand they can't disclose the existence of the relationship to anyone unless it's necessary to respond to complaints. An employee could even make a case for unlawful retaliation if he or she receives a poor performance review from a former lover or if a co-worker receives a better evaluation from his or her boss.
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