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But a lot of companies don't let the rank and file decide-they adopt policies that ban or limit workplace dating-all in the name of lowering liability. Enforcing these policies can take their toll on a company. Just last month, Gary Friedman, the chief executive of Restoration Hardware, stepped down in the middle of the company's public offering.
The reason: an internal inquiry into his relationship with a year-old female employee.
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Friedman was not married, so there was no affair. And the employee? She didn't even work there anymore! Earlier this year, Best Buy's chief executive, Brian Dunn, stepped down after an investigation by the board discovered he had shown "extremely poor judgment" with a year-old female employee. A couple years ago, Hewlett-Packard's chief executive, Mike Hurd, resigned amid accusations of falsifying expense reports to hide a personal relationship with an independent contractor.
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As companies grow and add employees, you will often see signs of budding workplace relationships. This can be especially true in high-growth companies that demand long work hours and tend to hire more single employees.
When your routine is work-sleep-work, going out to date does not seem like a real option for many. According to the CareerBuilder survey, some industries are more prone to inter-office dating than others.
Hospitality, Financial Services, Transportation and Utilities, Information Technology, and Health Services all topped the list as having higher than average office dating. As a business owner, you might ask: "Where is the legal issue? The legal issue is what I like to call the "amplification" of potential liability that always exists around the employer-employee relationship. There will foreseeably be claims of favoritism, or even discrimination or harassment.
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When a workplace romance sours, it can expose the company to increased liability, since the connection between alleged actors is easier to establish-essentially giving the plaintiff some good ammunition for his or her case. Relationships between supervisors and subordinates create even more potential problems.
In a better scenario, coworkers would find it easier to claim that an employee received preferential treatment from a supervisor he or she is dating. So here it goes again: no matter what policy you have, you must follow and enforce it.
In my opinion, failure to equitably enforce a corporate policy is often worse than not having one. Innovate Creativity Invent Design Pivot.
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You can do nothing. This seems to be the overwhelming favorite for smaller companies or companies that are just starting to formalize employee training. Often a CEO or president will look at the potential for risk and weigh that against the ability to police and enforce a policy. For many smaller companies, they choose to go without a policy, and let the rules on harassment and discrimination do the job. Note that you should always have a policy prohibiting and enforcing sexual harassment and discrimination.
You can ban it. This is another common method, known as an "anti-fraternization policy.
You have to define and often describe the conduct you want to prohibit. Will the policy restrict casual dating, relationships, romantic involvement, or socializing?
Can you even define those terms? I can tell you that the last place you want a policy defined is in the courts. A less restrictive policy that a lot of companies have is one preventing nepotism-prohibiting spouses or relatives from working at the same company or preventing employees from supervising related coworkers.
You can allow it, with written disclosure. This is commonly known as the "Love Contract" approach. A signed document will confirm a consensual relationship and provide additional notice of understanding of the sexual harassment policy.
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