With Valentine’s Day falling on a Tuesday this year, employers should remind their workers of professional boundaries.
There is no Valentine’s Day exception to Title VII’s prohibition on unwanted sexual advancements in the workplace. If gift giving occurs, it is incumbent on both parties to know how to handle that gesture consistent with corporate policy. For example, if the overture is appreciated and reciprocated, then no harm, no foul. But if the recipient perceives the advances as unwanted, he or she should advise the gift giver that the gesture is unwanted. The giver must be cognizant not to make further unwanted advances, which would be against policy and reportable to Human Resources.
With flowers and chocolates flowing through the office, managers may also want to give gifts and cards. This could lead to trouble, particularly if a manager bestows gifts on one subordinate while excluding others, and even more so if there is a romantic overture.
A comprehensive Equal Employment Opportunity policy and training should be sufficient to address most issues. However, if there is a special event, such as a party, where the employer has heightened concern, a short statement reminding employees of the EEO policy is appropriate. “Keep it light, keep it fun, keep it professional” is the best practice, and if everyone follows those rules, gift exchanges or holiday celebrations can be nice office morale builders.
More than one-third of the U.S. workforce has admitted to dating a co-worker, according to a 2016 CareerBuilder survey. When those relationships go sour, misbehavior by either party can create legal liabilities that affect productivity and morale.
Not all relationships go bad — according to the CareerBuilder survey, 33 percent of office romances have led to marriage. As long as the relationship is properly managed, there is nothing inherently wrong with the concept. Employers can and should require employees to notify management of any romantic workplace relationship, so expectations are clear regarding what will and will not be tolerated. Some employers require both employees to sign a “love contract” that clearly spells out the legal rights, limitations and expectations of a workplace romance and what will happen in the event that agreement is violated.
Employers also can have strict no-fraternization policies, but in spite of those, some employees are bound to socialize and date. The best thing any employer can do is have a clear, written policy in the employee handbook prohibiting sexual harassment, discrimination and workplace violence. In the long run, these policies may save a company from a damaging lawsuit.
Whitney Selert is a partner at Fisher Phillips Las Vegas.