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MINIMIZING RISK IN THE FACE OF WORKPLACE RUMORS
Robert F. Conte, Esq.
In the September, 2005 edition of Veritas™ we reported on an interesting California Supreme Court decision, Miller v. Department of Correction. In
that case the court determined that a manager who is engaged in sexual relations with subordinates can create a hostile work environment, thereby resulting in sexual harassment of other staffers. The Miller case is a good reminder of the risks employers may face when romance blossoms in the workplace, especially if it is between a supervisor and a subordinate, a very common situation.
To minimize such risks, employers should consider whether to adopt non-fraternization policies that prohibit or otherwise regulate
workplace romances. Non-fraternization policies should be drafted to only prohibit supervisors from having romantic relationships with the individuals they supervise. In such situations, employers may
also consider whether to require the two individuals to sign an acknowledgement that the relationship is consensual, that they are aware of the company's sexual harassment policy (every employer should have one)
and its reporting obligations and that their workplace conduct will be professional at all times.
Such policies should also be drafted in a way that does not violate employee rights under Section 7 of the National Labor Relations Act
(NLRA). A Section 7 issue could be raised where the policy is construed to have a "chilling" effect on union organizing or other concerted activity protected by the NLRA.
Employers who have appropriate policies and procedures in place will likely minimize the risks that one of the employees involved in an
office affair will end up bringing a sexual harassment complaint and that co-workers will complain. It may also be helpful to include the topic of workplace romances in your company's sexual harassment
training for managers and employees.
SOURCE: Labor & Employment Lawnotes, Vol. 16, No. 2, State Bar of Michigan, Summer 2006.
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