Ah, February – the month of love. Valentine’s Day is right around the corner, and romance may also be blooming a little too close to home… in your workplace.
Workplace relationships aren’t new – in fact, a 2023 SHRM survey found that:
- 24% of U.S. workers have dated a coworker.
- 50% have had a crush on a coworker.
- 8% have matched with a coworker on a dating app.
While love is in the air, so are HR risks. When workplace relationships turn sour, they can lead to harassment claims, favoritism complaints, HIPAA violations, and even legal battles. As an employer, you can’t stop romance, but you can set boundaries that protect your business from becoming the setting of a real-life workplace soap opera.
The Right Way to Handle Workplace Romance
Not all relationships at work are problematic. Here’s how to create a structure around workplace dating that protects your business:
- Limit relationships between employees and managers – The biggest red flag in workplace dating is when there’s a power dynamic at play. Even a fully consensual relationship between a manager and an employee can lead to accusations of favoritism, retaliation, or harassment down the road. A clear “no manager-subordinate relationships” policy is key.
- Require disclosure and signed agreements – A consensual relationship policy helps protect your business by requiring employees to disclose workplace relationships. Many businesses go a step further by having employees sign a consensual relationship agreement, affirming that the relationship is voluntary and outlining professional expectations.
- Have a clear dating policy in your handbook – If you don’t have one already, your employee handbook should include a workplace dating policy that discourages relationships between employees and patients, requires disclosure of workplace relationships, prohibits manager-employee relationships, and outlines expectations for professionalism in the workplace.
- Encourage open communication with management – Employees should feel comfortable disclosing a workplace relationship without fear of retaliation. When relationships are hidden, the risk of HR and legal issues increases.
…And the Wrong Way to Handle Workplace Romance
These are the biggest red flags to watch for when it comes to dating in the workplace:
- Ignoring the risks of power imbalances – A manager dating a direct report is not just risky—it’s a liability. Even if the relationship is completely consensual, if it ends badly, the employer could be faced with a harassment claim or accusations of retaliation. The safer choice? Prohibit these relationships outright.
- Failing to have a policy in place – Without a workplace dating policy, you’re left scrambling when an issue arises. A lack of clarity can lead to confusion, favoritism claims, and legal exposure.
- Applying inconsistent standards – Your policy must be fair and consistent. If you prohibit relationships for some employees (e.g., same-sex couples) but not others, you could face discrimination claims under the EEOC. Similarly, you can’t ban women employees from dating patients, but allow men employees to do so- it must apply across the board.
- Overstepping legal boundaries – In some states, employers cannot regulate what employees do outside of work as long as it’s legal. For example, in California and New York, laws protect employees from being fired for lawful off-duty conduct – including relationships. Instead of outright banning relationships, a well-structured policy that discourages and regulates them is the safer approach. And of course, working with us over at CEDR to be sure you’re following all the proper laws that apply to your particular practice.
How You Can Stay Ahead of Workplace Romance Issues
When it comes to most workplace issues, including employees dating, it’s always best to be proactive, not reactive. If your current handbook doesn’t address workplace relationships, now’s the time to work with CEDR to get it updated. Waiting until an issue arises could leave you scrambling.
Along with this, as we always say, if it wasn’t documented, it didn’t happen! Document everything. If a relationship is disclosed, make sure you have a signed agreement in place that outlines the expectations and protects your business. Train your managers to make sure they know the legal risks of dating in the workplace, and how to handle workplace relationships professionally.
Lastly, it’s always best to seek expert HR guidance. The risks of workplace relationships vary by state and industry. If you’re unsure what policies work best for your business, an HR expert or legal advisor can help you craft an approach that keeps your business compliant and protected.
The Heart Wants What It Wants… But Your Business Needs Protection
You can’t stop romance from blooming at work, but you can manage the risks. A well-structured dating policy, clear communication, and proactive HR practices can help prevent workplace drama from turning into legal nightmares.
At the end of the day, your priority as an employer is to protect your business, your employees, and your reputation. That starts with setting boundaries before a workplace romance turns into a workplace crisis.
Need help crafting the right dating policy? We over at CEDR HR Solutions specialize in customized employee handbooks and expert one-on-one HR support tailored to the medispa industry. Our team can help you navigate tricky employee situations before they become legal headaches. Reach out to us today for more information!
