Putting adequate tools in place to handle romantic relationships in the workplace

Given the amount of time employees spend at work, they often form voluntary, consensual, and romantic relationships in the workplace. Two of the most effective tools to protect both employees and the organization are workplace romance policies and love contracts.

It’s important for employers to institute workplace romance policies that urge open communication and encourage employees to disclose the existence of any inter-office relationship. Make it clear that employees won’t face negative repercussions or retaliatory treatment for reporting their personal relationships to a supervisor or an HR designee. Policies also should demonstrate that there are necessary safeguards to maintain a workplace free from inappropriate or unwelcome behavior.

Workplace romance policies should clearly identify expectations and prohibitions around consensual relationships. As with any policy, they need to be in writing and disseminated to all employees and must apply to the entire workplace. Also, remind employees of any separate sexual harassment policy that may apply. Any inappropriate behavior that would be defined as workplace sexual harassment is strictly prohibited, and employees should be directed to report such conduct to HR.

Another important tool for employers in managing personal or romantic relationships in the workplace is a “love contract” for all consensual relationships that may develop between coworkers. A love contract is an agreement between employees that acknowledges their romantic relationship is voluntary and that neither person was forced or harassed into the relationship. It should also incorporate your organization’s anti-harassment and nonretaliation policies.

If employees express concern about signing a love contract, stress that it isn’t meant to be an invasion of privacy. Instead, it’s a way to affirm that the workplace relationship is consensual and that the parties involved are aware of their employer’s policies and protections regarding workplace sexual harassment.

Additionally, love contracts set expectations for how the parties should behave toward each other in the workplace. The agreement should clearly state that the parties are expected to refrain from public displays of affection, as employees outside the relationship could be affected if such conduct is allowed. Additionally, employees could make claims of favoritism if the parties are allowed to engage in such behavior.

Love contracts should be clear on whether it’s prohibited for one employee to have a supervisory role over the other. In some instances, employers may want to restrict romantic associations between a supervisor and subordinate, but if allowed, the contract should contain clear language that prohibits either person in the relationship from participating in or influencing any decision related to the other’s employment, including work assignments, compensation, promotion, discipline, or termination.

The parties to any love contract must also be required to notify their employer if the relationship ends and to report any problems that might arise, such as if a party becomes upset with the relationship ending and chooses to engage in inappropriate conduct that creates a hostile workplace.

Key terms every workplace love contract should include

• That the personal relationship is voluntary and consensual;
• That they’ll act professionally in the workplace and avoid public displays of affection;
• That they’re free to end the relationship at any time and won’t allow the end of the relationship to negatively impact job performance;
• That they received and will review the organization’s antiharassment policies; and
• That the social relationship hasn’t been made a condition or term of employment.

Love contracts should be kept confidential. Having to discuss or draft a love contract could be challenging or awkward, but it’s an important tool in maintaining a respectful workplace.