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#MeToo; Sexual Harassment; Quid pro Quo; Retaliation; Hostile Work Environment. We are all familiar with these terms. But what about consensual relationships in the office, or spouses who happened to meet each other at work? A 2021 SHRM survey found that 34% of U.S. workers polled said they have been or currently are in an office romance, and 25% either began a new relationship during the pandemic or continued one that started prior to the pandemic.1
While many employers recognize that legitimate consensual relationships can occur in the workplace, how can an employer protect their corporate entity when two of their employees fall in love? What if they break up? Hard feelings can become accusations of inappropriate behavior, harassment, or retaliation. That’s where a Consensual Relationship Agreement might come in – and Harry and Sally can agree to sign in the name of love.
A Consensual Relationship Agreement is a legal contract meant to limit the liability of the employer whose employees are romantically involved. An agreement would be signed by all involved parties, acknowledging the relationship will not interfere with work, and affirming that the relationship is voluntary and consensual.
This agreement would also outline rules, such as prohibiting the parties from working in the same department or reporting to each other, showing public displays of affection that might interfere with their work or work of any other employee, giving gifts during working hours, loitering near each other’s desks, etc.
The agreement should also state that parties involved have read the company’s policies / employee handbook (including policies on discrimination, retaliation and sexual harassment), and that they know where to turn for help should a conflict of interest or problem arise. The agreement should also state that neither party will bring legal action against the company if the relationship ends.
On February 2, Jeff Zucker resigned his position as president of CNN for failing to disclose a consensual relationship with a colleague, as required by CNN’s company policy. If a workplace relationship ends and a former partner files a sexual harassment or other type of employment practice claim, the Consensual Relationship Agreement can serve as documentation that the relationship was consensual at the time. The Agreement would provide documentation that your company did its due diligence recognizing the relationship and how it may affect the workplace. It may also help employers to protect their employees and serve as a reminder of workplace policies.
A Consensual Relationship Agreement may not prevent all litigation. Even when employees do sign a Consensual Relationship Agreement, it does not mean the company or the employees are completely protected against litigation. An employee may allege that they were coerced into signing the contract or harassed with a fear of retaliation. It is not perfect, but a Consensual Relationship Agreement can assist the company in defending claims. It requires a policy of reporting the relationship to HR and allows the participants to consult with an attorney before signing. It also allows Harry and Sally, two excellent employees that their company wants to keep happy and productive, to fall in love at the office.
Gen Re clients in North America should remember they have free resources to help their insureds reduce employment risk. Contact your account executive if you’d like more information about those details.
