Dating Policies

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Question

Our workplace now has two employee couples; these individuals met each other at work and started dating. So far, there have not been any issues in the workplace, but we want to plan for potential issues in the future. Are we allowed to have employee dating policies? If so, what should we consider in such a policy? We do not want to infringe on employees’ privacy outside of work, but we want to make sure we maintain a professional work environment.

Answer

Employers may elect to devise an employee dating policy to help prevent issues in the future and maintain a professional environment. Employers may wish to consider the following points when enacting a policy:

• Establish guidelines on paper in an employee handbook or memo distributed throughout the company.
• Specify the preference for dating: not tolerated at all, not tolerated among subordinates and managers, or no preference.
• Consider requiring subordinates and managers who are permitted to date to sign a contract outlining that the relationship is consensual. This may help protect against future sexual harassment claims.
• Ask employees to be professional during the relationship and if the relationship ends.
• Ask that other employees refrain from gossip as a way of respecting the daters’ privacy and maintaining a professional environment.
• Request that dating employees be discreet and maintain a sense of professionalism in the workplace. Make clear that the relationship must not interfere with the employees’ duties and responsibilities.

Although drafting a policy regarding intra-office dating may be a wise decision, employers should be cautious that policies do not infringe on employees’ right to privacy outside of work. Employers are strongly advised to have legal counsel review any such policy before implementing it in the workplace.