Main Navigation
Chances are that at some point the your career you became aware of a colleague dating his or her boss. Boss-subordinate romance is laden with risk to the organization and the individuals, yet these relationships continue, even at the highest management levels.
So, what can employers do to reduce the risk? Sometimes the legal risk is created by how the company chooses to enforce its non-fraternization policy, as in the case with Koch Foods where a female HR manager was dating the plant manager.
Ask B. Scott: ‘I’m Secretly Dating My Boss!’
However, an unusual addition to the policy prohibited HR employees from dating any employee working at the boss facility regardless of supervisory roles. After they married, he was considered for a promotion, and she applied for a more senior HR position. What happened? He was promoted, and she was fired according to the dating policy. In the lawsuit that followed, the court dismissed most claims but allowed allegations of sex discrimination to continue to trial.
Ask B. Scott: ‘My Friend’s New Friend is Toxic!’
One reason given was the differential treatment shown the two individuals based on the same violation of the same policy. Almost half of U. Many employers have chosen not to adopt such policies for a variety of reasons: they do not think it will have much impact, what constitutes a relationship is difficult to define, such policies could boss to a decline in employee morale, or there are other tools to discipline employees.
Some employers prefer disclosure of a relationship as a more effective way to ensure fairness in the workplace. For those employers preferring a written non-fraternization or other written policy, there are many variations with benefits and drawbacks attached to each:.
As Koch Foods learned from the case mentioned, any policy must be applied fairly to prevent additional legal problems. And, the policy should clearly state any penalties for violations, which usually include termination.
Partner Center
But will having a handbook policy keep supervisor romance out of the workplace, or just continue reading the radar? Dating some of both.
For the improper relationships that remain and lawsuits that may follow, there is Employment Practices Liability Insurance EPLI available to soften the financial impact.
An EPLI policy covers discrimination, harassment and wrongful termination claims made by employees. So, if bosses do fraternize with employees, a business will have protection with EPLI. Knowledge Center.
What others are saying
February 12, Mindy Pollack. Employee Handbook Policies Almost half of U. For those employers preferring a written non-fraternization or other dating policy, there are many variations with benefits and drawbacks attached to each: As Koch Foods learned from the case mentioned, any policy must be applied fairly to prevent additional legal problems. Collins v. Koch Foods, U. District Court, N. Tags: insurance claims. Related Content. Read More.