Love at the office is alive and well. Monster’s 2026 Workplace Relationships Report found that the majority (53%) of workers have had a crush on a coworker or manager and a third have had a romantic relationship at work. Valentine’s Day is a time for romance…and a time to think about company policy on dating. Love among employees is inevitable, so don’t even try to prohibit it. But these relationships can create problems for employers. Understand what these problems may be and how you can take advance action to avoid them or at least handle them well.
Potential problems for employers
It’s a fact that office romances are common and may be problematic. When the romance goes sour, things can go awry, especially if the relationship involved a worker and a superior…a power imbalance. Claims can be made by an employee or former employee regarding:
- Discrimination
- Favoritism (which can harm company morale)
- Sexual harassment
- Retaliation
- Hostile work environment
- Constructive discharge
What employers can do
You can’t stop love, so don’t try to do so. Instead, design policies to handle workplace romances to avoid problems. You need to balance privacy rights and off-duty conduct with actions that occur in the workplace. State laws protecting employees are especially strong in California, Colorado, Illinois, New York, and North Dakota.
If you want to take action, here are some ideas, which may be helpful. Of course, each company is unique, and some ideas are helpful to some businesses, but not to others (depending on your state, the size of your staff, and other factors).
- Allow consensual relationships but require disclosure when there’s a power imbalance. You probably want to prohibit dating between a supervisor who has direct control over an employee (and avoid a power imbalance situation). If there is such a relationship, consider reassignment of one party or the other so the romance can continue.
- Create a workplace dating policy. Check state law about what you can and cannot include in the policy. For example, most states permit barring relationships with a power imbalance. And you can try to regulate PDAs (public displays of affection) or other conduct that creates discomfort for other employees. Be sure to be clear about the consequences of violating company policy, which can include measures up to and including termination.
- Draft a consensual relationship agreement if desired. This may sound very legalistic, but it can bar any future objections that one party was coerced into dating. Obviously, signing the agreement cannot be a condition of employment. You can find a template for this (search for “consensual relationship agreement” or “love contract”). HR Employment Law Advisor has a template for a consensual relationship agreement. AI can also create one for you (ChatGPT did one for me as a test). Be sure your attorney reviews it before you put it into use.
What employers must do
Whether or not you institute a dating policy, it is essential that you have a sexual harassment policy. Be sure to instruct employees about it and provide training. Here’s a sample policy from HR that you can adapt for your purposes.
Final thought
“Love recognizes no barriers.” — Maya Angelou
When it comes to love, it’s very personal to employees. Employers should not cross the privacy line but need to protect all employees and the company from adverse results when employees’ relationships in the workplace go bad.
Additional blogs with a Valentine’s Day theme can be found here.
