Finding love in the workplace is hardly unusual. People who spend 40 or more hours together per week can naturally find themselves with feelings for each other. Still, dating a coworker can be complicated. For the employees, it could be the beginning of a happy long-term relationship. But if things turn sour, it could lead to disaster for the employees and their employer.
Many employers enforce “no-fraternization” rules that prohibit romantic relationships in the workplace. Others ask employees to disclose romantic relationships with coworkers and to sign an agreement stating that the relationship is consensual. This agreement is known as a “love contract.”
Love contracts can help protect employers from legal claims of sexual harassment. They can also help coworkers clarify how their romantic relationship willâ —and will notâ —affect their working relationship. In the event of a breakup, a love contract can help smooth the transition to a post-relationship workplace, but it offers no guarantees.
No-Fraternization Policies
Policies that prohibit romantic relationships among coworkers, commonly known as “no-fraternization” policies, serve to protect the professionalism and efficiency of the workplace. If a couple gets into a fight at the office in the middle of the workday, for example, all employees suffer.
No-fraternization policies often serve as a safeguard against employer liability for sexual harassment claims. A total ban on relationships between coworkers, however, might not be the best way to guard against sexual harassment. Unwanted sexual overtures are a common feature in sexual harassment claims. A no-fraternization policy would not necessarily address the types of conduct that appear in many hostile work environment claims, such as unwelcome and pervasive sexual jokes, banter, or pranks.
No-fraternization policies can still be a useful part of an employee handbook, particularly if they focus on the types of relationships that pose the greatest legal risks. Relationships between supervisors and direct subordinates are essentially never a good idea. They present clear risks for claims of quid pro quo sexual harassment, where one’s job may depend on agreeing to a supervisor’s sexual demands.
Love Contracts
Rather than try to prevent any and all office relationships, a love contract seeks disclosure and transparency. The main purpose of a love contract is to obtain both parties’ agreement that their relationship is consensual, meaning that they have both entered into it of their own free will, with no coercion.
Love contracts often function as an exemption from a no-fraternization policy. As long as the parties to the relationship disclose it to the employer and sign a document stating that the relationship is consensual, they are not in violation of the policy.
Because courts have generally held that no-fraternization policies are legal and enforceable, employers can require employees to sign a love contract as a condition of employment. As a result, some employees are forced to decide between signing a love contract or ending their relationship if they want to keep their jobs.
Another purpose of a love contract is to provide clear rules for acceptable conduct in the workplace. An employer’s code of conduct should require employees who have signed a love contract to remain professional in their interactions at work, just like any other employee. A love contract is not a license to turn the workplace into a romance novel.
Love Contracts: Advantages for Employers
A love contract serves as a form of indemnification for the employer. A key element of sexual harassment is that the sexual conduct is unwelcome. If both parties to a romantic relationship have stated in writing that their relationship is consensual, it is more difficult (but not impossible) for either of them to successfully claim sexual harassment.
Love contracts can also help to provide clear lines of communication about the relationship. An employer does not need to know the intimate details of their employees’ relationship, but it needs to know if the relationship ends. The contract can establish how to notify the employer about a breakup or other major event and can outline procedures like arbitration for dealing with disputes.
Love Contracts: Advantages for Employees
A love contract can provide a clear statement of rights and responsibilities, leaving no doubt as to how the employees should handle disagreements or disputes in the workplace. Neither employee should have to worry that the employer is siding with one of them over the other.
It can also alleviate concerns about conflicts of interest. A common problem with workplace romances is their effect on office morale. A love contract that addresses possible conflict-of-interest issues can reassure other employees that the relationship will not adversely impact their opportunities.
Disadvantages of Love Contracts
Love contracts are not a cure-all for the problems that could arise from an office romance. A signed statement that an employee entered into a relationship consensually has little bearing on conduct that occurs later. A relationship that begins with giddy romance can turn ugly and can lead to behavior that clearly supports a sexual harassment claim.
Another possible problem is that one of the parties could allege that the contract was signed under duress and that the relationship was never as consensual as it appeared.
Workplace Relationships: Five Rules for Staying Professional
Navigating a workplace romance can be tricky, but if you want to do things legally and protect your job, here are five key tips:
1. Review Company Policies
Check your employee handbook or HR policies to see if workplace relationships are allowed. Some companies require disclosure, prohibit relationships between supervisors and subordinates, or have strict guidelines about professionalism.
2. Disclose If Required
If your company has a policy requiring disclosure, inform HR as soon as the relationship becomes serious. This can protect both of you from potential conflicts of interest or claims of favoritism.
3. Keep It Professional
Avoid public displays of affection, excessive messaging, or any behavior that could make colleagues uncomfortable. Keep all interactions at work strictly professional to avoid distractions or gossip.
4. Be Aware of Power Dynamics
Relationships between employees at different levels can create legal risks, including claims of favoritism or harassment. If there’s a power imbalance, consider asking for a transfer.
5. Prepare for the Worst
Even the best relationships can end, and breakups in the workplace can be messy. Have a plan for how you’ll handle things professionally if the relationship doesn’t work out—especially if working together becomes uncomfortable.
Consult an Attorney
For employers who are considering introducing no-fraternization policies or love contracts into the workplace, it can be worthwhile to speak to an employment lawyer before taking action. A lawyer can draft your policies and contracts in a way that protects your business from liability to the greatest extent possible.