Dating co workers should be permitted
by requiring termination or transfer) may create sexual discrimination liability.
When enforcing a "no dating" policy, the employer must be careful to penalize both sexes equally.
Often, an employee will argue that he or she was an unwilling participant in a relationship that merely appeared to be consensual.
Even a consensual relationship, if it goes sour, can result in unwelcome advances, stalking, or other predatory conduct.
In addition, any policy that prohibits co-worker dating should have an exception for employees who are married to one another.
Definitions: A "no dating" policy must describe what "dating" is.
For example, employees often go to lunch together, may go out for a happy hour drink, or may attend a BBQ or picnic with one another.
However, any policy that allows too much case-by-case discretion exposes the employer to discrimination claims.
An employer may violate an employee's right to privacy by regulating the employee's private off-work relationships.
The employer is most at risk when trying to investigate and enforce a "no dating" policy by hiring a private investigator to follow the employee around, secretly reviewing an employee's voice mail, or listening in on an employee's office phone line. Consensual Relationship Agreements As an alternative, some employers require that employees enter a "consensual relationship agreement." The agreement, signed by both employees and management, provides that the employees will not allow the relationship to interfere with or impact the work environment.
At some time during your working life, you may have dated, or even married, someone you met at work.
If you haven't, then the odds are that you know someone who has.