It’s finally February – Christmas decorations are (hopefully) taken down, New Year’s resolutions are in full swing, and Cupid is readying his arrows for Valentine’s Day. Alas, employers may be caught in the crossfire as workplace romances bloom, adding a dash of legal spice to the season of love. This article addresses the legal risks around workplace romances and the best practices to avoid the heartbreak that may follow.

Legal Risks – Flirting with Fire

Gone are the days of meeting your partner at the local grocery store or sock hop. As many employees spend most of their waking hours at work, workplace romances have become increasingly common with surveys finding anywhere from 25 percent to 50 percent of employees reporting to have participated in a workplace relationship.

While workplace romances may seem normal, they come with their share of legal pitfalls. Concerns abound over favoritism, conflicts of interest, and harassment. For example, think of all the television sitcom subplots in which a boss gives their new subordinate-partner a plum job assignment or promotion. What about the awkward public fights or displays of affection that may make co-workers feel uncomfortable? (I’m looking at you Michael Scott and Jan Levinson). Or what about the very real concerns over non-consensual conduct or harassment?

Although employers cannot control with whom their employees fall in love, avoiding the issue will likely lead to heartache.

Workplace Policies – What’s Your Love Language?

What if you do not want employees to engage in workplace romances? Could you enforce a strict non-fraternization policy? Plaster “No Cupids Allowed” signs across the office? Discipline or terminate employees for engaging in romantic relationships?

Well, yes you can. However, you may be opening yourself up to additional risks. For example, several states prohibit employers from taking adverse actions against employees for participating in lawful activities outside work hours. Employee morale might suffer as employees feel their personal privacy and autonomy is invaded. A strict non-fraternization policy may encourage secret relationships and discourage employees from reporting sexual harassment if the romance sours.

Instead, many employers require employees to sign agreements commonly known as “love contracts.” Love contracts require employees to report relationships with co-workers and acknowledge the relationship is consensual; affirm understanding of the company’s anti-harassment, discrimination, retaliation, and reporting policies; promise to avoid conflicts of interest or favoritism; refrain from excessive public displays of affection at work; and vow to report the termination of the relationship and/or any sexual harassment or retaliation that may arise during or after the relationship. Typically, employees who violate the love contract may be disciplined, up to and including termination.

Love contracts or similar policies help foster transparency and personal autonomy amongst employees while also providing protections for the company. However, love contracts are not one-size-fits-all and should be drafted to address each relationship. For example, a relationship between a supervisor and a subordinate will likely require a reassignment and/or removal of supervisory responsibilities to avoid cries of favoritism from co-workers. Effective communication of the need for a love contract can also go a long way in fostering an environment in which employees feel safe to report harassment or retaliation.

Workplace romances are becoming increasingly common in today’s workforce. Implementing sound policies is the first step in addressing the myriad of legal issues that may arise from these relationships.

Please reach out to Phillip Jones or any member of the Ice Miller Workplace Solutions Practice Group if you have questions regarding your workplace policies.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.