"Love contracts": one sure way to cure the office romance.

AuthorSwider, David
PositionADVICE: LEGAL

OFFICE ROMANCES ARE fraught with perils for employers. The potential costs of such dalliances can include far more than reduced productivity caused by amorous distraction. Unwarranted or valid sexual harassment claims when the relationship goes south; confidentiality lapses inherent in office "pillow talk"; and even the risk of violence that arises when love in the office is attacked by infidelity at home are just a few of the problems that may arise when consensual romantic or sexual relationships are permitted to invade the work environment.

For years, I have counseled employers that the best preventive tool for avoiding these lust-soaked dangers is prohibition. An employer has the absolute right--and I would say responsibility--to supplement its sexual harassment policy with a carefully crafted and precisely tailored non-fraternization mandate. In varying degrees, depending on an employer's size and geographic footprint, such a policy strictly forbids executives, managers, and supervisors from engaging in consensual romantic or sexual relationships with others in the workplace, particularly their subordinates.

Nonetheless, many employers choose to disregard such counsel for many reasons. It may seem too draconian, personally invasive, or awkward to administer. Some may even benefit from the added zeal and improved attendance that comes from love-smitten employees who are suddenly excited to come to work each day and reluctant to go home at night. Whatever the reason for avoiding a total prohibition of fraternization in the workplace, the "love contract" may provide the next best layer of necessary legal protection.

The document--better termed a "relationship contract" or a "workplace-relationship agreement" to underscore its binding legal nature--declares that two employees have or are about to enter into a romantic relationship and recites some important facts and promises. First and foremost, the parties confirm that the relationship was initiated and is being maintained on a totally consensual basis. This will help the employer defend any later claims of sexual harassment if and when the romance dissolves. To cement this protection, the contract also should include a waiver and release of all claims arising out of the...

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