Workplace relationships are not uncommon. However, they can create complicated questions about where an employer’s authority ends and a worker’s personal life begins. While employers have a legitimate interest in maintaining a professional, productive, and respectful workplace, employees also have personal relationships and choices that may have little to do with their jobs. The challenge is figuring out when a personal relationship starts to turn into a workplace concern.
Employer policies may address certain relationships, professional boundaries, and workplace conduct, but that does not mean a company can control every aspect of a person’s romantic life. The factors surrounding the relationship, the employees involved, and its impact on the workplace can all matter when determining what an employer can reasonably regulate and enforce.
Understanding where that line falls can help employees have a better understanding of their rights and what employers can legally require, restrict, or address in the workplace.
How Often Does Workplace Romance Happen?
Workplace romance is fairly common, with a report indicating that more than 60% of adults surveyed have experienced one. Data further revealed that nearly half (43%) of individuals who dated a colleague eventually married that person, demonstrating that people could potentially meet long-term partners in such spaces.
Despite the number of workplace romances, opinions about dating a coworker varies from one individual to the other, because less than one in five respondents considered dating a colleague to be unprofessional although only 5% said they were comfortable with colleagues being romantically involved.
When it came to work productivity, 9% believed workplace relationships can lessen job performance, while another 9% thought that they increased it. And lastly, 14% said these types of relationships made them feel uncomfortable and that it tends to promote favoritism. While these numbers give some insight about dating in the workplace, it raises a variety of concerns regarding its legality.
Can Employers Create a Workplace Romance Policy?
Employers may create policies to provide expectations when workers within the same company enter a romantic relationship, and to address potential conflicts before they happen. An organization may want to define professional boundaries rather than assume all employees will know how to handle these situations.
For example, office relationships may raise concerns when personal matters start to take a toll on the work environment. In California, these workplace romance policies may also support an employer’s obligations to prevent and address harassment under the California Fair Employment and Housing Act (FEHA) (Government Code § 12940(j)-(k)).
Can Employers Require Employees to Disclose a Workplace Relationship?
An employer may have a policy requiring employees to disclose workplace relationships, specifically when it involves a supervisor, subordinate, or potential conflict of interest. The Human Resources (HR) department may look into the circumstances and determine whether an agreement or other workplace arrangement is needed.
However, employees do not necessarily have to share every personal connection just because they work together. In fact, if a company has a workplace romance policy, it should be consistently enforced and not be used to discriminate or retaliate against an employee. But, whether an employer can discipline someone for failing to have the relationship disclosed will depend on the company, the individuals involved, and the surrounding facts.
Can You Get in Trouble for Dating Your Coworker?
Dating a coworker can lead to workplace consequences in certain situations, but simply being in a consensual relationship with another employee does not automatically mean either person has done something wrong. What matters is the employer’s policies, the positions held by the employees, and whether the relationship creates a conflict within the workplace.
For example, an employer may have legitimate concerns when one employee supervises the other, participates in decisions involving their pay or promotion, or if the relationship results in favoritism, harassment, or disruptive behavior at work.
Can Two Employees Get Fired for Secretly Dating?
Two employees can potentially be disciplined or fired for keeping a workplace relationship secret, particularly if their employer has a policy requiring the relationship to be disclosed. This may be especially important when one employee supervises the other or when either person can influence scheduling, compensation, performance reviews, promotions, or other employment decisions.
Furthermore, keeping a relationship private does not automatically make it illegal. The question is usually whether the employees violated an enforceable workplace rule or whether the relationship created a legitimate business concern. Employees should review their handbook, conflict-of-interest policy, and any relationship disclosure requirements before assuming that a workplace romance can remain confidential.
Can You Get Fired for Flirting With a Coworker?
An employer may discipline or terminate an employee for flirting at work when the conduct violates company policy, becomes inappropriate, interferes with the workplace, or is unwanted by the other employee. A company does not necessarily have to wait until conduct meets the legal definition of sexual harassment before enforcing its own professional conduct standards.
For example, repeatedly asking a coworker out after being rejected, sending sexual messages, making unwanted comments about someone’s appearance, or continuing flirtatious behavior after being told to stop may create much greater legal and employment concerns than a mutually welcomed conversation between coworkers.
Can Employers Ban Relationships Between Supervisors and Subordinates?
Employers may restrict relationships to form between supervisors and employees because of the power dynamic one person has over the other. This is especially considered when both parties are on the same team, where a supervisor’s personal relationship could affect workplace decisions or establish a sense of favoritism.
As such, employers are given the right to create rules that cover workplace conduct and communication surrounding workplace romances as an attempt to prevent and address any potential issues like workplace harassment or a hostile work environment.
Can My Job Fire Me for Dating a Coworker?
Employers can potentially terminate someone for dating a coworker especially if the employer has legitimate reason for termination as per the state’s at-will employment policy (California Labor Code § 2922).
In fact, Barbee v. Household Automotive Finance Corp. (2003) outlines how a manager was terminated after continuing a relationship with a subordinate despite a company conflict-of-interest policy and warnings from management.
The California Court of Appeal rejected his argument that the termination violated his constitutional privacy rights, however, the case does bring up an interesting point that an employer’s ability to terminate an employee is not unlimited and the circumstances surrounding the relationship therefore matter.
Talk to Our Employment Lawyers Today About Your Workplace Rights
If you believe you were treated wrong because of who you dated or was treated differently because of a workplace relationship, West Coast Employment Lawyers is here to help. Our employment attorneys can evaluate your case and help determine whether your employer may have gone over its authority or violated your workplace rights.
We can also help you understand how to deal with concerns involving harassment, discrimination, retaliation, confidentiality, or inappropriate conduct. Even when a workplace relationship ends badly, a breakup does not automatically give an employer the right to take adverse action against an employee.
If you are unsure whether your personal experience crosses a legal line, you do not have to determine the outcome on your own. Book a FREE consultation with us today by calling (213) 927-3700 or completing our quick online contact form to discuss your situation and learn what steps may be appropriate to pursue.
