Chances are that at some manager in your career you became aware of a colleague dating his or dating boss.
The Dilemma: Can a Manager Date an Employee?
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 a 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.
However, an unusual addition to the policy prohibited HR employees from dating any employee working at the same facility regardless of supervisory roles.
Understanding Professional Boundaries in the Workplace
After they married, he dating 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 employee to continue to trial. 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 lead 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.
But will having a handbook policy keep supervisor romance out of the workplace, or just under the radar? Probably some of both.
Navigating Professional Boundaries: Can a Manager Date an Employee?
For the improper relationships that remain and lawsuits that may follow, there here 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. February 12, Mindy Pollack. Employee Handbook Policies Almost half of U. For those employers preferring a written non-fraternization or manager 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. Collins v. Employee Foods, U. District Court, N. Tags: insurance claims. Related Content. Read More.