Dating a employee

If dating is merely discouraged, the policy should also indicate the counseling or documentation that will occur if employees violate the policy.

The policy might also be limited to supervisor/subordinate dating, or allow dating between co-workers who do not work alongside one another.

There are greater questions of invasion of privacy for governmental employers and employers who must prove "just cause" for termination.

Flexibility: Consider how flexible your policy should be.

Business Necessity: Think about your business justification for imposing a consensual relationship policy.

How have consensual relationships been handled in the past?

If done properly, a consensual relationship agreement will make it more difficult for an employee to claim that the relationship was "unwelcome." In addition, the agreement will create a question about why the employee did not seek to stop the harassment by reporting it to management.

Definitions: A "no dating" policy must describe what "dating" is.

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.

So long as the spouses don't supervise one another, a "no dating" policy enforced against spouses would violate this law.

Another problem arises from concerns about an employee's right to privacy while off the job.

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