Once you’re out of college and into the real world, you find that the people you likely spend the most time with are your co-workers. After all, you’re with them for 8 hours of the day, every weekday. It stands to logic that you’ll likely find a few friends among that group maybe even a significant other. However, employers are left in a bit of a precarious situation as they figure out how to deal with any blooming romance among co-workers. Should they ban it outright? Turn a blind eye? Encourage it maybe? There’s no definitive answer as to which tactic is the most effective, but the case of one Memphis couple has led to a law suit against home supplies retailer, Fred Inc.
Dollie Ayers-Jennings and Willie Jennings began dating in 2006 when both individuals were working at the Memphis area store. Eventually, their relationship grew to the point of them being married in July 2007. Unfortunately, their opportunity to celebrate was cut short, as shortly upon returning from their honeymoon they were informed that company policy mandated that one of them resign. The policy stated that employees were prohibited from working under supervision of their spouse.
Seeing as Willie Jennings was at a higher pay grade, Dollie Ayers-Jennings quit her position, and then filed a lawsuit against Freds Inc, alleging race discrimination under Title VII. While the couple proved unsuccessful in their case, the court found that Freds Inc. acted similarly with couples of other races, the case does bring about the issue of where employer policy should stand in regards to coworker relationships.
An improperly defined or too liberal policy can open the door to sexual harassment lawsuits. While a supervisor/employee relationship might seem harmless during the duration of the romance, there are pitfalls that appear if the relationship is dissolved. The safest bet is to create a policy that makes relationships between employees and supervisors inappropriate. The power disparity in such a relationship could lead the lower ranking employee to believe their job is on the line if they don’t maintain the relationship, a textbook sexual harassment case waiting to happen.
Additionally, a company’s policy should clearly outline the consequences of such relationships occurring, whether a companywide ban is instated, or just a supervisor/subordinate ban. The expected behavior of the individuals should be made clear if relationships are indeed allowed, with verbiage that makes it transparent that workplace disruptions will not be tolerated.
Whatever route your company decides to take, be sure to have some sort of policy in place that makes your expectations clear. For Southern California employers, the last thing they want is to be staring down a sexual harassment lawyer from Los Angeles in court. However, if you need help drafting a policy, a sexual harassment lawyer in Los Angeles can be immensely helpful. A sexual harassment lawyer in Los Angeles will be able to advise you of common traps and pitfalls and ensure your company reduces their chance of facing, and losing, a sexual harassment case.