Love Stinks

Love StinksLove Stinks: : Strategies and Tips for Strategies and Tips for

Handling Workplace Handling Workplace Romance IssuesRomance Issues

Love StinksLove Stinks: : Strategies and Tips for Strategies and Tips for

Handling Workplace Handling Workplace Romance IssuesRomance Issues

Chris W. McCarty, Esq.

Lewis, King, Krieg & Waldrop

Knoxville – (865) 546-4646

[email protected]

The PlanThe Plan

1.1. The FactsThe Facts

2.2. The StrategyThe Strategy

3.3. The PolicyThe Policy

The Facts: 2006 SHRM PollThe Facts: 2006 SHRM Poll

In November 2005, the Society for Human Resource Management In November 2005, the Society for Human Resource Management (SHRM) and CareerJournal.com, a Website of The Wall Street (SHRM) and CareerJournal.com, a Website of The Wall Street Journal, jointly conducted an online poll to find out more about Journal, jointly conducted an online poll to find out more about workplace romance in organizations. The so-called Romance Poll workplace romance in organizations. The so-called Romance Poll was sent to 3,000 randomly selected members of SHRM’s 200,000 was sent to 3,000 randomly selected members of SHRM’s 200,000 member roll. They compared responses to a previous poll and member roll. They compared responses to a previous poll and published the results in 2006.published the results in 2006.

WHAT DO YOU THINK THEY FOUND?WHAT DO YOU THINK THEY FOUND?

The Facts: 2006 SHRM PollThe Facts: 2006 SHRM Poll

How many people admit to a current/previous workplace romance?How many people admit to a current/previous workplace romance?

A)A) 10%10%

B)B) 20%20%

C)C) 30%30%

D)D) 40%40%

The Facts: 2006 SHRM PollThe Facts: 2006 SHRM Poll

How many employers possess a written workplace romance policy?How many employers possess a written workplace romance policy?

A)A) 5%5%

B)B) 18%18%

C)C) 37%37%

D)D) 62%62%

The Facts: 2006 SHRM PollThe Facts: 2006 SHRM Poll

Of employers with romance policies, how many ban office Of employers with romance policies, how many ban office relationships? relationships?

A)A) 7%7%

B)B) 31%31%

C)C) 57%57%

D)D) 75%75%

The Facts: 2006 SHRM PollThe Facts: 2006 SHRM Poll

Why do a lot of employers ban or discourage workplace romances? Why do a lot of employers ban or discourage workplace romances?

Would you and/or others enforce a policy?

Do you have a problem with it?

Do you worry about it?

Do you have a history of it?

If “Yes” to all or most… Then you need an workplace romance policy.

The StrategyThe Strategy

*Questions to ask when deciding your position on workplace romance

Should you worry about it? SHRM

found that 19% of office relationships

end in sexual harassment

claims.

What about a legal problem?

Relationships between

supervisor and subordinate can

lead to big Title VII issues.

The PolicyThe Policy

Technically, a policy dealing with workplace Technically, a policy dealing with workplace romances is called an…romances is called an…

Antifraternization PolicyAntifraternization Policy..

The PolicyThe Policy

Antifraternization Policy Goals:Antifraternization Policy Goals:

1)1) Minimize the most common breeding ground for Minimize the most common breeding ground for sexual harassment claims: previous consensual sexual harassment claims: previous consensual conduct.conduct.

2)2) Eliminate sexual favoritism or perceived sexual Eliminate sexual favoritism or perceived sexual favoritism. favoritism.

3)3) Prevent decreased productivity and demoralization Prevent decreased productivity and demoralization experienced by third-party employees.experienced by third-party employees.

(a.k.a., the ones without workplace romances)(a.k.a., the ones without workplace romances)

The PolicyThe Policy

Common AntiFraternization Policies:Common AntiFraternization Policies:

• Total Ban:Total Ban:– Bans and sets forth serious consequences for any interoffice Bans and sets forth serious consequences for any interoffice

relationships.relationships.

• Supervisor/Subordinate Ban:Supervisor/Subordinate Ban:– Bans and sets forth serious consequences for the most dangerous Bans and sets forth serious consequences for the most dangerous

relationships.relationships.

• Allowed After Transfer:Allowed After Transfer:– Allows relationships to continue if employees agree to transfer out of Allows relationships to continue if employees agree to transfer out of

similar departments or supervisor/subordinate roles.similar departments or supervisor/subordinate roles.

• Allowed After Contract:Allowed After Contract:– Allows relationships to continue if employees agree to sign a “Love Allows relationships to continue if employees agree to sign a “Love

Contract” (i.e., admitting in writing to consensual nature). Contract” (i.e., admitting in writing to consensual nature).

The PolicyThe Policy

The Love Contract:The Love Contract:

Pros:Pros:

• Encourages relationship Encourages relationship disclosure;disclosure;

• Eliminates he said, she said;Eliminates he said, she said;

• Likely admissible in court.Likely admissible in court.

Cons:Cons:

• The ever-present slippery slope;The ever-present slippery slope;

• Fails to address third-party Fails to address third-party effects;effects;

• Creates a duress argument.Creates a duress argument.

The SummaryThe Summary

• Are workplace romances common?Are workplace romances common?– Yes. 40% of employees admit to workplace romances.Yes. 40% of employees admit to workplace romances.

• Can you limit/ban workplace romances?Can you limit/ban workplace romances?– Yes. But the necessary policy requires commitment.Yes. But the necessary policy requires commitment.

• Do antifraternization policies ever vary?Do antifraternization policies ever vary?– Yes. An employer’s policy should match its goals.Yes. An employer’s policy should match its goals.

The QuestionsThe Questions

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Chris W. McCarty, Esq. Lewis, King, Krieg & Waldrop

Knoxville – (865) [email protected]

www.linkedin.com/in/chriswmccarty