Consensual dating policy
This is a written confirmation to management that any relationship taking place between employees is consensual. According to attorney Ray Gallo, writing for the Daily Journal, forcing an employee to chose between their job and their partner would constitute an invasion of privacy, while a requirement to inform the company of a relationship would not.
The contract may also include the employees' written confirmation that they have been informed of the company's dating policy and the behavior that is expected of them, such as refraining from any acts of retaliation if the relationship ends. When writing a workplace dating policy, it is important to reduce your potential legal liability.
A consensual friendship based relationship may exist even if one or both partners consider it casual, temporary, or episodic.
The policy applies to even a single intimate, sexual, or romantic encounter.
Although some companies chose to have no policy on dating, that leaves them open to potential liability if a supervisor is shown to have sexually harassed a subordinate, for example, by giving a poor performance review to a former partner.
A consensual relationship with a subordinate is likely to interfere with the ability of a superior to act and make decisions fairly and without bias.Even if the superior is able to avoid showing favoritism, the other individuals in the learning or workplace environment are likely to see themselves as being less favored and disadvantaged by the personal relationship.Additionally, the damage can continue long beyond the consensual relationship and can make people suspicious of any future professional interactions between the individuals.This helps to protect the company from later charges that the relationship was not consensual and constituted sexual harassment.With this type of policy, the employees would also have to notify you whenever a relationship ends.