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Monday HR Minute: Fraternization Policies
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Fraternization Policies

Co-workers spend a lot of time together, working and interacting with each other and, sometimes, romance develops.  Romantic relationships can create multiple issues within the workplace.  The employees involved could waste work time talking about personal matters, show inappropriate displays of affection (“PDA”) which may make others uncomfortable, and allow arguments or break-ups to affect the whole workplace.

If the romantically-involved employees are in a supervisor – subordinate relationship, even if not direct, there could also be actual or the appearance of preferential treatment.  This not only creates poor morale issues but creates legal exposure if other employees believe their schedules, wages, career progression, etc. are being negatively affected. Employers can take some actions to lay the groundwork and establish some structure before such a situation arises.

A fraternization or consensual relationship policy can be implemented outlining the expectations, responsibilities, and repercussions if co-workers enter a romantic relationship.  This should include explicit language that employees must not allow their relationship to impact the productivity of themselves or anyone else and that, if it does, one of the involved employees may be transferred, reassigned, or even terminated to eliminate the conflict.  Transfers, reassignments, or terminations will happen immediately if there is a supervisor – subordinate relationship to reduce legal exposure.  The policy should also clearly state that a manager is always held to a higher standard so a violation by management will be treated more harshly than one by peer co-workers or a subordinate.

Along with this policy, companies should consider drafting a consensual relationship agreement for co-workers to sign when they enter a relationship.  Along with reiterating the points of the policy, it should explicitly state that the employees are both entering into the relationship willingly and there is no violation of the company’s harassment/sexual harassment policy.  It should be signed and dated by both employees and kept in their personnel files in case any disciplinary or personnel action needs to be taken.

Every company should strive to have a positive, productive work environment with cohesive relationships between their co-workers.  However, companies also need to be prepared for what happens if those relationships evolve into something more than just co-workers and, more importantly, if they dissolve completely. 

 

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The Monday HR Minute, brought to you by Affinity HR Group, is designed to provide you with practical, applicable human resources and management advice and information in a format that will take you 60 seconds or less to read.  We believe that by dedicating just one minute a week to thinking about people management practices, business owners and managers can make enormous strides in improving workplace performance.
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This e-mail may contain general information about legal matters. Affinity HR Group does not provide legal counsel. The information provided should not be considered legal advice and should not be relied on as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about this content or any legal matter you should consult your attorney or other professional legal services provider.
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