10
HR Reporter-
Vcj..ITe21 J'rb.3
Employee policies
Companies must be prepared to deal
with relationships
in the workplace
By Paul Sweeney
could lead to claims of sexual harassThe increasing economic presment. However.because of untested
sures on employees to spend more
legal issues under some state law.
time at work to make ends meet has
such as California. there is very little
raised employer concerns about reauthority
on the legality of
lations hips in the workplace.
nonfratemization policies. It is unWith the natural proclivity of
clear how the courts will rule upon
people who work together to become them when a termination based upon
mends. the desireto spend time with
such a policy is directly challenged.
mends outside of the office, and the
On the one hand, for example.
socializing that takes place after work
there is comfort for the employer in
hours. it is not surprising that rothe appellate decision in Crosier u.
mantic relationships develop. UnUnited Parcel Seroice. Inc.. which
derstanding this. employers must be
affinned a termination of a superviprepared to face the consequencesof
sor for violating an unwritten comthe relationships in the workplace.
pany policy proscribing social relaFor
example,
tionships between
there is the possiAbout the author
management and
bility that even good
Paul Sweeney is managnonmanagement
romantic relationingpartnerofthe LosAngeles
employees.
ships among emoffice of Kirkpatrick &
On the other
ployees will distract
Lockhart LLP. a nationwide hand. statutes like
people from working
lawfirmcomprisingmorethan
Labor Code Section
to their full capac700attorneys.For more infor96 (k) that prohibit
ity. Moreover, when
mation, contact Sweeney at
an employer from
the relationships
(310) 552-5055 or visit
disciplining an emturn bad, the comwww.kl.com..
ployeefor.lawfulconpany could find itduct occUlTing durself as a scapegoatdefending claims
ing nonworidng hours away from the
for not having taken steps to proemployer's premises. could sound
hibit conduct that resulted in althe death knell for such policies.
leged injury. such as a sexual harassment claim, Aware of these
Bottom line
potential problems. employers are
It i s necessary
t 0 bal ance
indi constantly
attempting
to
balance
employees' rights to privacy concerning their personal relationships
with
the best interests
of the busi-
vidual
freedoms
with
the
right
of the
empI oyer t 0 m atn tain a s.afie. pro-
d uc ti ve an d co nfli c t -e
fre
wor k en vi -
Nonfraternization
policies
Establishing policies that prohibit
romantic relationships among employees, commonly
know as
nonfratemization policies. are an approprlate way to limit romantic relationships among supervisors and
subordinates. Such policies avoid
misunderstandings,
diminished
productivity and complaints
of favorit-
ronment .means,
If it
pennitting th e
employer to tenninate a worker who
has been previously warned about
engaging in certain conduct, then
employersmust be granted that kind
of discretion.
As long as employers articulate
the reasons for the policy, identify
clearly the conduct that is prohibited, and set forth the consequences
of violating the policy, employers'
business
judgment policies
in establishing
nonfraternization
should
ism, and discourage conduct that
withstand legal challenge. .
ness.
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